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HomeMy WebLinkAboutResolution - 1288A - Contract - AND Power Sales - Switchgear - 12/16/1982RESOLUTION 1288 12/16/82 t , Bid 7074 KJ:cl 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 Agree- ment between the City of Lubbock ;and A.N.D. Power Sales Company for the pur- chase of Switchgear, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute j and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of December ,1982. AZ ?Z'11 BILL McALISTER, MAYOR ATTEST: E lyn Gaf a, ity Se.KAeVreasurer APPROVED AS TO CONTENT: Carroll McDonald, Director Electric Utilities APPROVED AS TO FORM: Ac Ken Joh son, Assistant City Attorney RESOLUTION 1288-A - 12/16/82 Bid 7074 1. CITY SE.CRETARY-TREASURER CONTRACT AGREEMENT F (EQUIPMENT) THIS AGREEMENT,' made and entered into this 16 day of December 19_82, 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.Par-t,' and hereinafter called the Purchaser, and- A.N.D. Power Sales Company , a ' of , 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 Power Transformers in accordance with the terms of this Contract; and WHEREAS, the said 'Contractor's, 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-resultof 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 SE -0006-11-101082;(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: 15 KV Switchgear 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 therefor, the sum (subject to adjustment as pro- vided by the Contract) of One Hundred Forty-eight thousand one hundred twenty- two dollars and no/100 ($ 148.122.00 ) ,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 July 15, 1983 IN WITNESS WHEREOF, the Parties hereto have executed this* Contract as of day and year first written. CITY OF LDBBOCK BY: ATTEST: BI McALISTER, MAYOR Evelyn Ga ga, City A y -Treasurer APPROVED AS TO CONTENT: C s ' APPROVED AS TO FORM: Ken Johnson, Assistant City -Attorney PARTY OF THE SECOND PART. (CONTRACTOR) BY: Signature of Officer ATTEST: cretary 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. CONTRACT AGREEMENT RESOLUTION 1288-A - 12/16/82 Bid 7074 ` EITY SFGRETARY TREASI}RER (EQUIPMENT) THIS AGREEMENT,' made and entered into this i6 day of December 19_x, 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 •_ A.N.D. Power Sales Company , a ' of , 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 Power Transformers 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 i 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 Pr 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 SE -0006-11-101082;(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: 15 KV Switchgear _ ARTICLE II. That the Purchaser shall pay to the Contractor for the , • performance'of thb work embraced in this Contract, and the Contradtor rb}11 accept as full compensation therefor, the sum (subject to adjustment as pro- vided by the Contract) of One Hundred Forty-eight thousand one hundred twenty- two dollars and no/100 0 148 122.00 ) for all work covered by and included in the Contract award and designated in the foregoing Article I. , ARTICLE III. The Contractoi 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 July 15, 1983 7 • IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day and year first written. . CITY OF LUBBOCK BY: BILL MCALISTER, MAYOR ATTEST: Evelyn GaAga,' City e` y -Treasurer APPROVED AS TO CONTENT: , APPROVED AS tO FORM: Ken Johnson, Assistant City Attorney PARTY OF THE SECOND PART. (CONTRACTOR) ATTEST: Secretary BY: Signature of Officer - 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.