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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 r m m t S tl ~ ri n ~ 1 x - 1 1 s r- m 1 l T n i 1 n a z - 1 T~ x~ z= u a 1 I r m r r ~ n - i S a I 1 r ~ n 1 l I 6 s F m d 1 I rn 3t _ + S R f] t- I W TT p I a I I' Y [L 19 '1 F m I J J n _ i ~ I u 1 la o n 1 c I 'n u 1 1 -r 1 a 1 1 1 i r~ z 1 ~ r I 1 I x m n s ~ ~ i a I x iV n 1 I~ 1 ~ I D Yft N 4 1 I U Cn C I T _ y 1 J) r- ~ 1 I I T I I m r a m xi I m r i m r r a m ~ sm I r~ i o r r 1 ~ a > ~ r 1 _ _ _ n l w r _ _ _ 1 _ ~ 1 I m w 1 n- 1 1 _ 1 'i1 iM1 A D ~ I m 41 nl q p y ~ 1 T I n y y T IT n + 2 U T l ~ 1 ~ i u s ~ I J I I J a O I~ W 2 2 !T 1 ' ~ I A' ~ m n 1 r i ° 1 n - x r n n c 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