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1985-208
0923L ^a2Q~ NO 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 9529 Boyd Excavation 250,000 00 9530 Whitmire Line Clearance 10,000 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 authorzied 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 PAGE ONE contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the 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 15th day of October, 1985 I RD 0 TEWAR MAYOR CI OF DE ON, TEXAS ATTEST A&Z22L .-welt. CHARLO T ALLEN, CI SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY L j&& &&a/ PAGE TWO DATE October 15, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID #95[9 LANDFILL EXCAVATION RECOMMENDATION We recommend this bid be awarded to the lowest bidder, Boyd Excavation, at the hourly rates as listed on the tabulation sheet This bid will be let in $50,000 00 increments and prices are firm thru September 1986 SUMMARY This bid is for the excavation and backfill compaction for dump cells at the landfill This is an ongoing project under the direction of H D R Landfill Consultants and the local, state, and federal guidelines for landfill construction and operation BACKGROUND Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Solid Waste Landfill operations FISCAL IMPACT Landfill Bond Funds #631-002-0803-8502 Respectfully submitted Rick Svehla Acting City Manager Pre ared by Name TOM D SHAW, C P M Title Assistant Purchasing Agent Approved o m J Marshall, C P M le Purchasing Agent x 8 z w 0 zz w z w a z w z w 9 a p S O O O O O O O i . W J> Q Q M C+ M m M M V le V p, I~ M n ti n n N N a o a O l p Q O O O C U ; V V u V V O X ~ I.n to \ O] W C to C M r- Qj o 0 C m 4- L L 4- N u Io p L M1S i i u d d C> o CL U 4~ U 4J p p Z A L t O O L w 41 V ^ r r r r F V7 r 3 tr W. S- w K N C ~ O U 4+ w ci V V E L M V O R E C 3 7 d 7 J y w N O O 3 m b L L d J d q O lL J o. L i H- F- L E J i W w I 1 d Y w L L i W i d L 7 p 1+ 6 4 - Q V L w O o 0 N w N V x a F d m 0.++ 4> m+ ro 4+ b J w ~ di S- cc ^ 3 N N N F- 3 .4. D. c. 3 1- M w ~ «7 H A 2 'i+ F z q F O Im q O W U CP q O d p - N M ; t to t\ 00 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON g5.2.o ~ THIS AGREEMENT, made and entered into this 16 day of October _ A.D., 19 g§ by and between The City of Denton Texas of the County of Denton and State of Texas, acting through Rick Svehld Acting City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Boyd Excavation/Bittercreek Construction a joint venture 3500 Fort Worth Drive, Denton, TX 76205 of the City of Denton , and state of Texas , termed CONTRACTOR. County of Denton Party of the Second Part, hereinafter 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; A Rid #gS29 I AN0FT1 1 FKAVATION - 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 tithe 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 Tom D. Shaw,_ Assistant Purchasing Agent City of Denton i ' k 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 fund's 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. AT E T ATTEST: z The Cit Denton, Texas Party of a ZFtP- t' OWNER By Rick Svehla Acting City Hanager (SEAL) it ~ . Boyd Excavation/Ri tPFrrcak fnnctrU ction, Party of the Second Part, CONTRACTOR`t' a_loint ventureca By f-Zc~72 ~11i~ f 'e ~ itle APPROVED AS TO FORM: alb: o Cit Attorney (SEAL) t CA-2 0044b STATE OF TEXAS COUN'T'Y OF DENTON ) BOND NO. 5291-70-34 PERFORMANCE BONI) KNOW ALL MEN BY THESE PRESENTS: That BOYD EXCAVATION/ BITTER CREEK CONSTRUCTION, A 1OINT VF.NTURF , of the City of Denton County of Denton and State of Texas Y as PRINCIPAL, and TRANSAMFRTCA TNSTTRANCT: rnMT)6VV , 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 as OWNER, in the penal sum of Fifty Thousand Dollars and no/100--=------------- Dollars ($50,000.00) for the payment whereof, the said successors and assigns, jointly and severally, by these presents:' The aggregate liability of both principal and surety under this bond shall not exceed the penal sum of $50,000.00. WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated thel6tliday of Orrohar , 1985, for the construction of: .Bid x19529- Landfill excavation-for the term beginning October 16, 1985 and ending A September 30, 1986, which contract is hereby referred to and madera part hereof as full.v 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, con- ditions and agreements in and by said contract agreed and convenanted by the Prin- cipal 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 obli- gation 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 acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be de- termined in accordance with the provisions of said Article to thAame extent as if it were copied at length herein. y PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. 1 Surety, for value received, stipulates and agrees that no change, exten- sion of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompany- ing the same, shall in anywise affect its obligation on this bond, and it does c hereby waive notice of any such change, extension of time, alteration or ad- dition to the terms of the contract, or to the work to be performed thereunder. However, the penal sum of this bond shall not exceed $50,000.00 in the aggre- gate and this bond shall expire September 30, 1986. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this3lst day of October 1985. BOYD EXCAVATION/BITTER CREEK CONSTRUCTION, TRANSAMERICA INSURANCE COMPANY Principal A JOINT VENTURE BY A~OVf AIL~,u,~.~. Title p~ Address 3500 Fort Worth Drive Address 4230 LBJ Freeway #600 Denton, Texas 76205 Dallas, Texas 75234 r Y_ t T_ - (SEAL) (SEAL)- The name and address of the Resident Agent of Surety is: k DAVID C. OXFORD, ATTORNEY-IN-FACT, WHITE & CONSELMAN.1,INC., 3211 Irving Blvd., #118, Dallas, Texas 75247 NOTE: Date of Bond must not be prior to date of Contract. PA)M ENT BOND STATE OF TEXAS W COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That BOYD EXCAVATION/BITTER CREEK CONSTRUCTION, A JOINT VENTURE of the City of Denton County of Denton and State of Texas as principal, and authorized under the laws of the State of Texas to act as suretyon bonds for principals, are held and firmly bound unto CITY OF DENTON, TEXAS , OWNER, in the penal sum of Fifty Thousand Dollars and no/100------------------------------Dollars ($50,000,00) for the pay- ment whereof, the said Principal and Surety bind themselves and'their heirs, ad- ministrators, executors, successors and assigns, jointly and severally, by these presents: The aggregate liability of both principal. and surety under this bond shall not exceed the penal sum of $50,000.00. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 16thday of October 19 85 Bid 119529-Landfill excavation-for the term beginning October 16, 1985 and ending September 30, 1986, to which contract is hereby referred to and made a part here- of 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 al.l. claimants supplying labor and material. to him or a sub- contractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; i 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. Surety, for. value received, stipulates and agrees that no change, extension I of time, alteration or addition to the terms of the contract, or to the work per- formed 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. However, the penal sum of this bond shall not exceed $50,000.00 in the aggregate andl this bond shall expire September 30, 1986. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 31st day of October 19 85 - ~ypk BOYD EXCAVATION/BITTER CREEK CONSTRUCTION, TRANSAMERICA INSURANCE COMP Principal A JOINT VENTURE Surety By l/ /~/Ct t Address 3500 Fort Worth Drive Denton, Texas 76205 (SEAL) Dallas, Texas 75234 The name and address of the Resident Agent of Surety i~s: 3211 Irvine_$1.Vd., !/lift -Da11ac To vac 7S7(i7 Address 4230 LBJ Freeway #600 Tmnsamerica Transamerica Insurance Company Insurance Services A Stock Company / Home Office: Los Angeles, California Power of Attorney? KNOW ALL MEN BY THESE PRESENTS: t That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti- tuteandappoint 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 Company 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, for or on behalf of this Company,yin 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 acceptance{s.or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments lpertaining 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 anyjinstrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. G 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 day of August 19 84. tip\• ! j 66. Tanner, Vice President ` State of California County of . ss o ` * ' 1 On this 15th day of August 19 84 , before me Laverne Wolff, a Notar y P l]ik in an>r the said- - County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner pe~rso. .on:ally known to me t(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 a knows,th'e 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. ` {loll iXXlXlllllll IIIIIIItIIIIIIIIIIIIIII IIXIXIn1111111111111111111111XIII111XIIXIIIIIIIIXIIIN / ~ ~il/V^~'~ l~~ OFFICIAL. SEAL Laverne Wolff, Notary Publi~' c LaVERNE WOLFF o. NOTAnr PUBLIC-CALIFORNIA a in and for the County of Los Angeles, California t±~~ PRINCIPAL OFFICE IN i - LOS ANGELES COUNTY _ x My Commission Expires June 27, 1986 1 uumXIIIIIIIIIIIImIw~IlXl,1,o„Wnllllllllllllmlwrrwulllll,lwllwlwuwlmlu~ 1719 C • (Continued) 2-84 CITY OF DENTON INSURANCE [MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabiilities 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. WORKMEN'S COMPENSATION COMPREHENSIVE GENERAL LIABILITY Bodily Injury Property Damage STATUTORY $300,000 Each occurance $10U,000 Each accident COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury $300,000 Each person Property Damage $100,000 Each accident $1,000,000 Aggregate V I $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: BODILY INJURY PROPERTY DAMAGE $300,000 each person $100,000 each accident $300,000 each accident $1,000,UUO aggregate Covering the work to be performed by the Contractor for the City of Denton. C B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. I The City of Denton will be listed on all policies as an additional named insured. #0399c NAME AND ADDRESS OF AGENCY - - - Law, Hendrick & Kelly Ins. COMPANIES AFFORDING COVERAGES P.O.BOx 299 COMPANY A O i -C Belton,Tx.76513 LETTER o h asualty COMPANY - LETTER _ NAME AND ADDRESS OF INSURED - _ - COMPANY C . Construction-Co. LETTER _ . P O. Box 247 P.O. Box 24 COMPANY D - Coppell, Tx. 75019 LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement term or condition , of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. - COMPANY TYPE OF INS R POLICY Limits of Llal)Illty In TIIOOean dS LETTER U ANCE ; _ -POLICY NUMBER EXPIRATION DATE _ - EACH - OCCURRENCE -AGGREGATE GENERAL -LIABICITY; ~ BODILY INJURY § 300 §300 I$ COMPREHENSIVE FORM - 0PREMISES-OPERATIONS EXPLOSION AND COLLAPSE - PROPERTY OHMAGE E 100 -§100. A r''~ HAZARD UNDERGROUND HAZARD XL0303605 ' 11-1-85 n PRODUCTS/COMPLETED OPERATIONS HAZARD 2 BODILY NJURYAND I I~ CONTRACTUAL INSURANCE LXI BROAD FORM PROPERTY PROPERTY DAMAGE - COMBINED § § DAMAGE ' ® ' INDEPENDENT CONTRACTORS - T T~ LXI PERSONAL. INJURY - - - PERSONAL IN JURY § AUTOMOBILE LIABILITY - - - BODILY INJURY I~ - (EACH PERSON) § 250 ILX~I COMPREHENSIVE FORM BODILY INJURY § 500 _ 1X1 OWNED (EACH ACCIDENT) A © HIRED %A0303605 11-1-85 PROPERTY DAMAGE § 181 NON-OWNED BODILY INJURY AND 1 PROPERTY DAMAGE § COMBINED EXCESS LIABILITY BODILYINJURYAND UMBRELLA FORM ❑ § § El OTHER THAN UMBRELLA PROPERTY DAMAGE FORM COMBINED WORKERS'COMPENSATION - - STATUTORY , .A and - EMPLOYERS' LIABILITY -_WCO 8F - 9 9121..: 5-1-86: :100 11e 11AICIDENTI OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES - - - Cancellation: Should any of the above descrined policies be cancelled before the expiration date thereof, the issuing com- 30 pany will endeavor to mail days written notice to the below named certificate holder, but failure to ' mail such notice shall impose no obligation or liability of any kind upon the Company. , ' NAME AND ADDRESS OF CERTIFICATE HOLDER: r t DATE ISSUED:_10=23=85 " City of Denton ; 901 B Texas-St. / z LA CE ~~S Denton, Tx. 76201 Attn' Tom Shaw'. AUTHORIZED REPRESENTATIVE ACORD 25 (149) '~-;;41D'NUUMBER 9529 BID PROPOSALS Page 2 of 4 ITEM STOCK NUMBER DESCRIPTION N. P AMOUNT HOU RLY RATE 7 1. Self-Loading Scraper r. 2. Sheep Foot Roller Hr. ~o a 3. Track Loader with.Scarfire/Ripper Hr. 7J 4. Water Pump 6" 5. Motorgrader (in compaction phase) Hr. 4j~D o 6. Motorgrader (in other phases) Hr. A'/ 7. Water Truck (in compaction phase) Hr, 3300 8. Water Truck (in other phases) Hr, /j C, 6d j ~~1 C°O/!7~'f/cY'o rl a _ I TOTALS We quote t above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms & net if not otherwise indicated. s 4 In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitues a contract. Date Bidder Title Signature DATE October 8, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID #9530 BRUSH CLEARING FOR UTILITY EASEMENTS RECOMMENDATION We recommend this bid be awarded to the lowest bidder Whitmire Line Clearance at $20 30 per hour not to exceed $10,000 00 SUMMARY This bid is for the clearing of brush, trees and limbs from water and sewer easements on an assigned basis The contract will be adminstered by the Water and Sewer Department BACKGROUND Tabulation sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Water and Sewer Field Services FISCAL IMPACT 1984/85 budget funds account # 620-008-0470-9106 Respectfully submitted Rick Svehla Acting City Manager Prepared by Nam m aw Title Assistant Purchasing Agent Approved Na a rshall T e P acing Agent a z W a S z w a 8 Z W > U W Z a ¢ p I ~ ~ C i H Z W W pm p N 3 U a vi W A w z ~ az F > z H F W 3 w a F > ~ N ~ a > d O W O V] U O x U Q F y x a 8 w w W S J X > N CO d F W m a c W (1) E N W W s CL o z h rn o O O p F N W p~ W C G I U e N 2 00 w O 2 ~ I r N L rn rn ~ E, a W ~ N m U m ex F ~ F Z N E O as w F 00 ] G A w L) Ci co O d ep