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Home My WebLink AboutResolution - 415 - Agreement - EJ Ward & Company, Inc. - Fuel Dispensing System - 02_14_1980DWR:cl RESOLUTION #415 - 2/14/80 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, is desirous of obtaining a fuel dispensing system, and WHEREAS, the City of Lubbock is desirous of entering into an Agreement with E.J. Ward and Company, Inc., whereby such company would supply and install such fuel dispensing system for the City of Lubbock, NOW THEREFORE: 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 an Agreement between E.J. Ward and Company, Inc., and the City of Lubbock for a fuel dis- pensing system 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, but such execu- tion of the Agreement between E.J. Ward and Company, Inc., and the City of Lubbock is hereby conditioned on the execution by E.J. Ward and Company of the Addendum to this Agreement, to be made part of this Agreement, and 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this 14th day of February 1980. IRK WEST, MAYOR ATTEST: " '_Evelyn Gaffga, .ity Secretary Treasurer APPROVED AS . -TO NT T: Bfl1 P/yne,-Dir'ector of Administra Services APPROVED AS TOO FORM: David W. Reagan, As,4ist.Znf City Attorney • n &Wiwi NO. CITY OF LUBBOCK PURCHASE ORDER TO: E . J . WARD & COMPANY,, INC. LUBBOCK, TEXAS TELEPHONE 762- 6411 Ext. 2165 - 2166 - 2167 ATT: JOHN K. FEATHERSTON 2012 E. RANDOL MILL ROAD. SUITE 210 ARLINGTON. TEXAS 76011 Please furnish the following to the City of Lubbock and be governed by the instructions hereon. ""RCHDER ORRM H 07879 Dar 2-15-80 Req. by PAYNF—DTR OF ADM Bid No. 5625 Acct. No. VARIOUS Item Quantity Brand, Catalog No. and Description Unit Price Total FUEL DISPENSING SYSTEM AS PER YOUR RESPONSE TO THE SPECIFICATIONS 63.-890.0 SPECIFICATIONS & RESOLUTION #415 DATED 2-14-80 ATTACHED SIGN RESOLUTION & VENDOR'S ACKNOWLEDGEMENT COPY & RETURN TO THE DIRECTOR OF PURCHASING Total 63.890.0 SHIP TO: SERVICE CENTER F•0.S. LUBBOCK TERMS: NET 5TH ST & AVE J DEL. PROMISED PRICING: FIRM INSTRUCTIONS TO VENDOR No purchases are valid unless covered by this form signed by the purchasing agent. Submit invoice in duplicate promptly to City Purchasing Agent, P. 0. Box 2000, Lubbock, Texas 79457. The above purchase order no. must appear on all invoices, delivery slips, cases, boxes, etc., even when order shipped direct by your supplier. The City of Lubbock will not be responsible for any goods delivered without a P.O. number. No federal or state tax shall be included in prices billed. PAYMENT WILL BE MADE ON PARTIAL SHIPMENTS IF PARTIALLY INVOICED. PAYMENT WILL BE MAILED WITHIN 30 DAYS AFTER RECEIPT Or MERCHANDISE. CITY OF LUBBOCK ey Flay I N t, Purchasing Agent 0 RESOLUTION #415 - 2/14/80 ADDENDUM This addendum is part of for all purposes the Agreement between E.J. Ward and Company, Inc., hereafter known as Contractor, and the City of Lubbock, Texas, hereafter known as City, for providing and constructing a fuel dispens- ing system by Contractor and the purchasing of such system by the City. WHEREAS, the City is desirous of acquiring a fuel dispensing system as set out in the Agreement between City and Contractor; and WHEREAS, Contractor is desirous of providing such fuel dispensing system as set out in the Agreement between the City and Contractor. NOW, THEREFORE, it is mutually agreed as follows: I. As the performance of this Agreement involves construction work, Contractor shall obtain all necessary permits, if any, before commencing the work requiring such permits. II. Contractor shall indemnify and hold the City harmless from any and all claims for loss, damage or injury to any person or property, corporation, un- incorporated association or partnership, caused directly or indirectly by any act or omission by Contractor, his employees or agents, including sub -contrac- tors and their employees or agents, in the performance of work or provision of services under this Agreement or as an incident to its performance. 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, materialmen, 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 in five (5) days time, and at Contractors expense. IV. If Contractor fails in any manner to perform and carry out each and all of the terms, covenants and conditions of the Contract, he shall be in default and notice in writing shall be given him of such default by the City. If Contractor fails to cure such default within such time as may be required by such notice, City may at its option terminate and cancel the Contract, and, at the expense of Contractor and his or its surety, complete the Contract, or cause the same to be completed. In the event of such termination, all monies due Contractor under the terms of the Contract shall be retained by City, but such retention shall not release Contractor or his surety from liability for his default. In such event, however, Contractor and his surety will be credited with the amount of money so retained toward any amount by which the cost of completion of the Contract, as above provided, exceeds the Contract price. Such termination shall not effect or terminate any of the rights of the City as against Contrac- tor or his surety then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to City under the law. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any sub- sequent breach of the same or any term, covenant or condition hereof. V. It is hereby expressly agreed and understood that time is of the essence for the performance of this Contract, and any failure by Contractor to meet the time specification of this Agreement will cause Contractor to be in default of this Agreement and entitle the City to proceed as provided in Paragraph IV. VI. It is agreed that this Contract and all rights of Contractor hereunder shall, at the option of the City of Lubbock, terminate upon the Contractor being by any Court adjudged bankrupt or insolvent, or upon the Contractor making an assignment for the benefit of creditors. VII. The validity, interpretation and performance of the terms and conditions of this addendum, as well as the terms and conditions of the Agreement between Contractor and the City, shall be governed by the laws of the State of Texas. VIII. Contractor warrants that the specifications of the equipment, materials, supplies and workmanship, as provided for in the Agreement between Contractor and the City, will and always comply with the minimum requirements contained in Contractors Bid Proposal Number 5625, dated January 14, 1980. IX. All applicable State of Texas laws and City of Lubbock Ordinances applicable to this Contract shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. X. Performance of this Contract is to begin on the day of , 19 , and performance will be completed on the day of 19 Nothing herein shall be construed to prohibit Contractor from beginning performance nor completing performance prior to the dates herein specified. THE CITY OF LUBBOCK E. J. WARD & CO., INC. DIRK TEST, MAYOR / JQRN K. FEATHERSTON, VICE PRESIDENT ATTEST: Evelyn Gaf ga,,City Seiffra Treasure APPROVE AS TO ON NT: Bill PAyne, rector of Administrative Services APPROVED AS TO FORM. David W. Reagan, As ist t City Attorney ATTEST: C pora cretary