1986-0870923L
NO ;?Ia - 9 Z
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore, and
WHEREAS, Section 2 36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$10,000, and
WHEREAS, Section 2 09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
responsible bids
BID NUMBER CONTRACTOR AMOUNT
9608 Ray Willis Electric $21,790 00
SECTION II
That the acceptance and approval of the above competitive
bids shall not constitute a contract between the City and the
person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person
shall comply with all requirements specified in the Notice to
Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification
of the award of the bid
SECTION III
That the City Manager is hereby authorized to execute all
necessary written contracts for the performance of the
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
PAGE ONE
terms, conditions, plans and specifications, standards,
quantities and specified sums contained therein
SECTION IV
That upon acceptance and approval of
bids and the execution of contracts for
improvements as authorized herein, the
authorizes the expenditure of funds in
amount as specified in such approved
contracts executed pursuant thereto
SECTION V
the above competitive
the public works and
City Council hereby
the manner and in the
bids and authorized
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the 6th day of May, 1986
A Y OE HEN MAYOR
CITF DENTON, TEXAS
ATTEST
CHARLUTTEkALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
/t
PAGE TWO
DATE May 6, 1986
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID #9608 TRAFFIC SIGNAL CONDUIT
RECOMMENDATION We recommend this bid be awarded to the lowest bidder,
Ray Willis Electric, in the total amount of $21,790 00
SUMMARY This bid is for the understreet boring and installation
of conduit and pull boxes for the traffic signal
installations at Windsor/Locust, Welch/Eagle, and Audra/
McKinney
BACKGROUND Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Traffic Control
FISCAL IMPACT 1985/86 Special Projects Fund
Account Number 432-002-0010-9105-SIF1
Respectfully submitted
Lloyd V Harrell
City Manager
Pr ared by
Name Tom D Shaw, C P M
Title Assistant Purchasing Agent
Approved
N e ohn J Marshall, C P M
Title Assistant Purchasing Agent
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF E O ✓
S-~ ~O -W~
THIS AGREEMENT, made and entered into this 8 day of May _
A.D., 19 8,6 by and between The City of Denton, Texas
of the County of Denton and State of Texas, acting through
Lloyd V. Harrell, City Manager thereunto duly authorized so to
Party of the First Part, hereinafter termed the OWNER, and
do,
Roy Willis Electric, Inc., Box 3074, 1033 Walnut,
of the City of philana County of ::"/„I
and state of Texas , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bonds bearing
even date herewith, the said Party of the Second Part (CONTRACTOR) hereby
agrees with the said Party of the First Part (OWNER) to commence and complete
the construction of certain improvements described as follows:
Bid #9608 - Traffic Signal Conduit
Purchase Order #73558 in the amount of $21,970.00
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 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 all
the General Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance
and Payment Bonds, all attached hereto, and in accordance with the plans,
which includes all maps, plats, blueprints, and other drawings and printed or
CA-1
0044b
written explanatory matter thereof, and the Specifications therefore, as
prepared by Jerry Clark, City Engineer
, all of which are made a part hereof and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in written notice to commence
work and complete all work within the time stated in the Proposal, subject to
such extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown in the Proposal, which forms a part of this contract, such
payments to be subject to the General and Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATT~~T•
i
7
ATTEST:
~ •'r J
ROY WILLIS ELECTRIC CO., INC.
Party of the Second Part, CONTRACTOR
By ~M UVG~~1
Title VI PRESIDENT
(SEAL)
APPROVED AS TO FORM:
City Attor
CA-2
0044b
(SEAL)
PERFORMANCE BOND BOND N0. 5291-77-16
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That ROY WILLIS ELECTRIC CO.,INC.
, of the City of ABILENE
County of TAYLOR , and State of TEXAS
as PRINCIPAL, and TRANSAMERICA INSURANCE COMPANY
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the CITY OF DENTON, TEXAS
E
as OWNER, in the penal sum of Twenty-One Thoisand Nina Hundred Sayenty and
no/100----------- Dollars 91.970.00 ) for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 8TH day of MAY 19 86, for the construction of
BID #9608 - TRAFFIC SIGNAL CONDUIT
PURCHASE ORDER #73558 IN THE AMOUNT OF $21,970.00
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said principal shall faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
t. 1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of 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.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie is County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 8th day of MAY , 19 86
ROY WILLIS ELECTRIC CO., INC.
Principal
By - -
Title VICE PRESIDENT
Address P.O. BOX 3074
TRANSAMERICA INSURANCE COMPANY
Surety
BY:
ROBERT D. WHITE
Title eTrnnarav_rw_aera~ = =
Address 4230 LBJ Freeway#600'
'ABILENE, TEXAS 79604
(SEAL)
Dallas. Texas 75234
(SEAL)
The name and address of the Resident Agent of Surety is:
ROBERT D. WHITE, WHITE b CONSELMAN,INC.
3211 Irving Blvd.#118, Dallas, Texas 73247
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
0091b
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That
ROY WILLIS ELECTRIC CO.,INC.
of the City of ABILENE
County of TAYLOR , and State of TEXAS , as principal, and
TRANSAMERIGA INSURANCE COMPANY
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON, TEXAS
, OWNER, in the penal sum of Twenty-one Thousand Nine
Hundred Seventy and no/100------------------------ Dollars 21,970.00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 8th day of MAY , 19 86 .
BID @9608 - TRAFFIC SIGNAL CONDUIT
PURCHASE ORDER 073558 IN THE AMOUNT OF $21,970.00
to which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosection of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full 'force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
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.
PB-3
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the
work performed thereunder, or the plans, specifications or drawings accompanying
the same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 8th day of MAY , 19 86 .
ROY WILLIS ELECTRIC CO., INC.
Principal
By
Title VICE PRESIDENT
TRANSAMERICA INSURANCE COMPANY
Surety
BY :
ROBERT D. WHITE
Title ATTORNEY-IN-FACT - -
Address P.O. BOX 3074
.ABILENE, TEXAS 79604
( SEAS.)
Address 4230 LBJ Freeway#600
Dallas, Texas 75234
(SEAL)
The name and address of the Resident Agent of Surety is:
ROBERT D. WHITE, WHITE b CONSELMAN,INC.
3211 Irving Blvd.#118, Dallas, Texas 75247
PB-4
0092b
MAINTENANCE BOND
STATE OF TEXAS
COUNTY OF
.KNOW ALL MEN BY THESE PRESENTS: THAT ROY WILLIS ELECTRIC CO.,INC.
as Principal, and TRANSAMERICA INSURANCE COMPANY
a Corporation authorized to do business in the State of
Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto
the City of Denton, A Municipal Corporation of the State of Texas, its successors
and assigns, at Denton, Denton County, Texas the sum Of Two Thousand One n
Ninety-Seven and no/100------------------ Dollars 2.197.00 10% of
the total amount of the contract for the payment of which sum said principal and
surety do hereby bind themselves, their successors and asssigns, jointly and
severally.
This obligation is conditioned, however, that:
WHEREAS, said ROY WILLIS ELECTRIC CO.,INC.
has this day entered into a written contract with the said City of Denton to build
and construct TRAFFIC SIGNAL CONDUIT - BID 119608
which contract and the plans and specifications therein mentioned, adopted by the
City of Denton, are filed with the City Secretary of said City and are hereby
expressly incorporatd herein by reference and made a part hereof as though the same
were written and set out in full herein, and:
WHEREAS, under the said plans, specifications, and
contract, it is provided that the Contractor will maintain and keep in good repair
the work therein contracted to be done and performed for a period of one (1) year
from the date of acceptance thereof and do all necessary backfilling that may
become necessary in connection therewith and do all necessary work toward the
repair of any defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on constructing
the same or on account of improper excavation or backfilling, it being understood
that the purpose of this section is to cover all defective conditions arising by
reason of defective materials, work, or labor performed by said Contractor, and in
case the said Contractor shall fail to repair, reconstruct or maintain said
improvements it is agreed that the City may do said work in accordance with said
contract and supply such materials and charge the same against the said Contractor
and its surety on this obligation, and said Contractor and surety shall be subject
to the damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract and this bond.
MB-1
0093b
NOW, THEREFORE, if the said Contractor
agreement to maintain said construction and keep same in repair
period of one (1) year, as herein and said contract provided,
shall be null and void and have no further effect; otherwise,
force and effect.
shall perform its
for the maintenance
then these presents
to remain in full
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive recoveries may
be had hereon for successive breaches of the conditions herein provided until the
full amount of this bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished, or in any manner
affected from any cause during said time.
IN WITNESS WHEREOF the said ROY WILLIS ELECTRIC CO.,INC.
as Contractor and Principal, has caused
these presents to be executed by Tommy L. Willis
and the said TRANSAMERICA INSURANCE COMPANY
as surety, has caused these presents to be executed by its Attorney-in-Fact
Robert D. White and the said Attorney-in-Fact has hereunto set his hand
this t day of May , 19 86 .
SURETY: PRINCIPAL:
TRANSAMERT£kINSURANCE COMPANY
BY: - j
ROBERT D--"WHFTE
Attorney;z n=Fact
ROY WILLIS ELECTRIC CO., INC.
P.O. BOX 3074
ABILENE, TX. 79604
MB-2
0093b
I
FFF Iransamerica
Insurance Services
Transamerica Insurance Company
A Stock Company / Home Office Los Angeles. California
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti-
tute and appoint Robert D. White, Suszette White, Charles A. Conselman or
David C. Oxford "each" of Dallas, Dallas County, Texas ,
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Compony as surety, to
execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings;,recognizances or
other written obligations in the nature thereof, as follows:
Any and all bonds and undertakings, Unlimited in Amount, in any single instance,
for or on behalf of this Company, in its business and in accordance with its
Charter, -
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to
these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full
force and effect.
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of
indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and
co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance
business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice
President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii)
the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any
Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary,
which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the
President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person
authorized to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted
by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execu-
tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature
and seal, when so used being hereby adopted by the Company as the original signature of such officer and the
original seal of the Company, to be valid and binding upon the Company with the same force and effect as
though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its
proper officer and its corporate seal to hereunto affixed this 15th daayfof/fAAugust 1984.
By C/GC~vr C•
(d.H. Tanner, Vice President
State of California )
County of ) ss
On this 15th day of August 19 84 , before me LaVerne Wolff, a Notary Public in and for the said
County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to me
(or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COMPANY
the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the seal of
said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to
authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporation.
x11xIx WIxN1yN1
111111..IIr,11111111......111Ww11 ~Ix~Xx111N1. 1111NNX111Y
OFFICIAL SEAL
y
LaVERNE WOLFF
- NOTARY PUBLIC CALIFORNIA
ey./ PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
e My Commission Expires June 27, 1986
YYYMWIIIIINNINIIIINIIINW WYW111111W INIIIIIIIW W WIYYWIIII
LaVerne Wolff, Notary Public
in and for the County of Los Angeles, California
1719 C (Continued) 2-84
CITY OF DENTON
WORKMEN'S COMPENSATION
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
work is completed and accepted by the City of Denton, Owner,
minimum insurance coverage as follows:
TYPE OF COVERAGE LIMITS OF LIABILITY
I.
II.
III.
COMPREHENSIVE GENERAL LIABILITY
Bodily Injury
Property Damage
INSURANCE MINIMUM REQUIREMENTS
COMPREHENSIVE-AUTOMOBILE LIABILITY
Bodily Injury
Property Damage
each person
each accident
$1,000,000
Aggregate
$1,000,000
Each accident
A. In addition to the insurance described above, the
Contractor shall obtain at his expense an OWNER'S
PROTECTIVE LIABILITY INSURANCE POLICY with the
following limits:
$300,000
$300,000
Covering
the City
BODILY INJURY
STATUTORY
$300,000
Each occurance
$100,000
Each accident
$300,000
Each person
$100,000
Each accident
PROPERTY DAMAGE
$100,000 each accident
$1,OOU,UO0 aggregate
the work to be performed by the Contractor for
of Denton.
B. The contractor will furnish the Owner's Protective
Policy described above and execute the Certificate
described on the following page to the City of Denton
for its approval. Insurance must be accepted before
commencing any work under the contract to which this
insurance applies.
The City of Denton will be listed on all policies as an
additional named insured.
#0399c