Res 020-83 1/18/1983r
RESOLUTION NO.k a
RESOLUTION APPROVING A CONTRACT WITH
BROWNING ELECTRIC INCORPORATED TO
INSTALL ELEVEN NEW AND RELOCATION OF
EIGHTEEN EXISTING EMERGENCY WARNING
SIRENS
BE IS RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Browning Electric Incorporated,
providing for the installation of the eleven new, and relocation of
eighteen existing emergency warning sirens is hereby approved and the
Acting City Manager is authorized to execute the same for the City of
Wichita Falls.
PASSED AND APPROVED this the 18th of January, 1983.
MAYORPRO TEM
ATTEST:
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aly eet/L44')
CITY OF WICHITA FALLS, TEXAS
CONTRACT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That this agreement made and entered into this the eighteenth day of
January A.D. 1983 by and between the CITY OF
WICHITA FALLS, a municipal corporation of Wichita County, Texas, organized
and existing under and by virtue of a special charter adopted by the quali-
fied voters within said City on the 30th day of April, A.D. 1920, acting by
and through its parties of the first part and Browning Electric Incorporated,
hereinafter called the "Contractor".
WITNESSETH: That said parties have agreed as follows:
1
That for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the City, and under the conditions ex-
pressed in the bond bearing even date herewith, the said Contractor hereby
agreed with the said City to commence and complete the construction of certain
improvements described as follows: installation of 11 new sirens and relocation
of 18 existing sirens.
2.
That the work herein contemplated shall consist of furnishing all labor,
tools, appliances and materials necessary for the construction and completion
of said project in accordance with the Plans and Specifications heretofore pre-
pared by the Risk Management Division of the City of Wichita Falls and adopted
by the Board of Aldermen of said City, as an independent Contractor, and which
plans and specifications are hereto attached and marked Exhibit "A" and made
a part of this contract the same as if written herein.
3.
The contractor hereby agrees and binds himself to commence the construc-
tion of said work within ten (10) days after being notified in writing to do so
by the Risk Manager of the City of Wichita Falls.
4.
The Contractor hereby agrees to prosecute said work with reasonable
diligence after the commencement thereof and to fully complete and finish
the same ready for the inspection and approval of the Risk Management
Division of the City of Wichita Falls and the Board of Aldermen of the City
of Wichita Falls within a period of forty five working days from the time of
commencing said work; that said contractor shall be entitled to an extension
of said time for doing said work for such time as he may necessarily lose or
be delayed by unavoidable accidents caused by unforeseen matters over which
said contractor has no control, such as inclemency in the weather, acts of
Providence, labor strikes and delivery of materials, in all of which cases
the negligence or carelessness of the contractor not contributing to such
delay.
5.
Should the contractor fail to begin the work herein provided for within
the time herein fixed or to carry on and complete the same according to the
true meaning of the intent and terms of said specifications, then the City
shall have the right to take charge of and complete the work in such manner
as it may deem proper, and' if, in the completion thereof, the cost to the
said city shall exceed the contract price or prices set forth in the said
plans and specifications made a part hereof, the contractor shall pay said
city on demand in writing, setting forth and specifying an itemized statement
of the total cost thereof, said excess cost. •
6.
The contractor agrees to fully indemnify and save whole and harmless
the city from all costs or damages arising out of any real or asserted claim
or cause of action against it of whatsoever kind or character and in addition
from any and all costs or damages arising out of any wrongs, injuries, demands
or suits for damages, either real or asserted, claimed against it that may be
occasioned by any act, omission, neglect or misconduct of the said contractor,
his agents, servants, employees. And the said contractor further agrees to
comply with all ordinances and statutes of the City of Wichita Falls and the
State of Texas, and with any regulations for the protection of workers which
may be promulgated by the Government, and shall protect such work with all
necessary lights, barriers, safeguards, and warnings as are provided for in
said specifications and the ordinances and regulations of said city.
7.
The contractor agrees, on the execution of this contract, and before
beginning work, to make, execute, and deliver to said City of Wichita Falls,
a good and sufficient surety bond for the faithful performance of the terms
and stipulations of the contract, including the exhibit attached hereto and
made a part hereof and such bond shall be 100 percent of the total contract
price, and the said surety company shall be a surety company duly and legally
authorized to do business in the State of Texas and acceptable to the Board
of Aldermen of the City of Wichita Falls.
8.
Said City agrees and binds itself to pay, and the said Contractor
agrees to receive for all of the aforesaid work, and for all additions
thereto or deductions therefrom, the price shown on the proposal submitted
by the successful bidder hereto attached and made a part hereof.
9.
It is further agreed that the performance of this contract, either
in whole or in part, shall not be sublet or assigned to anyone else by said
Contractor without the written consent of the Risk Manager of the City of
Wichita Falls.
10.
The Contractor agrees to pay at least the minimum wage per hour for
all labor as the same is classified, promulgated and set out by the City of
Wichita Falls, Texas, a copy of which is attached hereto and made a part
hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and,understood that this agreement is made and
entered into by the parties hereto with reference to the existing Charter
and Ordinances of the City of Wichita Falls .and the laws of the State of
Texas with reference to and governing all matters affecting this contract,
and the Contractor agrees to fully comply with all the provisions of the
same.
IN WITNESS WHEREOF, The City of Wichita Falls has caused this instrument
to be signed in triplicate in its name and on its behalf by the City Manager
and attested by its City Clerk, with the corporate seal of the City of
Wichita Falls attached. The Contractor has executed this instrument through
its duly authorized officers in three counterparts with its corporate seal
attached.
Done in Wichita Falls, Texas, this the 18th day ofJanuary A.D. , 1983
APPROVED: CITY OF WICHITA FALLS
BY N
ATTEST:
s.e.-_ c:71 i„,,
Browning Electric Inc.
ITY CLERK
APPROVED AS TO FORM AND LEGALITY:
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HECl___ ife-E TITLE
SSISTANT_CI TY ATTORNEY _-- "
e
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P R O P O S A L
TO: Mr. Dane J. Bennett, Acting City Manager
City of Wichita Falls, Texas
FOR: Installation of eleven (11) new and relocation of
nineteen (19) existing emergency warning sirens.
Pursuant to the foregoing "Notice to Bidders", the
gym
undersigned has thoroughly examined the Plans,
Specifications, and Contract Documents and the
understands the amount of work to be done and hereby - jr
proposes to do all the work and furnish all labor,.
equipment and materials necessary, except the
actual sirens and siren control units, to complete r4
the work, as provided in the plans and specifications,
subject to the inspectionection and approval of the Engineerineer
or assigned representative of the Risk Management -
Division of the City of Wichita Falls, binding himself
upon acceptance oI this proposal by the Board of
Aldermen to execute a contract and furnish performance,
payment and maintenance bonds approved by the City of
Wichita Falls, Texas and for performing and completing
the said work within the time stated and for the
following sums for the project, to-wit:
PAY ITEM APPROX. ITEM WITH BID PRICES PRICE PER TOTAL
QUANTITY - WRITTEN IN WORDS UNIT BID
1 11 Units Install eleven (11) new
As shown on thunderbolt sirens.
plan Specifications -
Page 13 through 14 ,
drawing numbers lA
through 1F. Furnish
all labor and materials
except the actual sirens
and siren controls.
Blower assemblies shall
be installed on concrete
pads as shown on draw-
ing number 1D. (Sirens
and siren controls furnish-
ed by the Risk Management
Division.
One thousand',. sax hundred, twenty-
four dollars and
09 cents per unit.
1 ,624.09 17,865.00
2
r
Y
PAY ITEM APPROX. ITEM WITH BID PRICES WRITTEN PRICE PER TOTAL *
QUANTITY IN WORDS UNIT BID
2. 1 Relocate one (1) thunderbolt
e ,-:-,.i..,:4,'
As shown on siren and blower assembly from
plan.the roof of Cunningham School
to the roof of Barwise Jr.
High School. Specifications:
Page 13 " through 14 .
Furnish all labor and materials
except actual siren and siren
controls. (Siren and siren
controls furnished by the
Risk Management Division.) 4s^ ,:4
One thousand, nine hundred, twenty-
one dollars and
no cents per unit
1 ,921 .00 1 ,921 .00
3. 1 Relocate one ( ) thunderbolt
As shown on siren and blower assembly
plan from the roof of the Fire
Maintenance Shop at Avenue
H and Giddings Street to a
pole mount at 2606 Avenue H.
Specifications: Page 13
through 14 , drawing
numbers lA through 1F.
Furnish all labor and
materials except actual
siren and siren controls.
Siren and siren controls
furnished by the Risk
Management Division.)
One thousand, nine hundred, seventy-
two dollars and
no cents per unit
1 ,972.00 1,972.00, `
4. 2 Relocate two (2) thunderbolt
As shown on sirens on poles. Specific-
plan ations: Page 13
through 14 . Blowers
to be installed on concrete
pads as shown on drawing
number 1D. Furnish all
labor and materials except
actual sirens and siren
controls. (Sirens and
siren controls furnished
by Risk Management Division.
Six hundred, twenty-
two dollars and
50 cents per unit
622.50 1,245.00
3
PAY ITEM APPROX. ITEM WITH BID PRICES WRITTEN PRICE PER TOTAL
QUANTITY IN WORDS UNIT BID
5.• 10 Relocate ten (10) 2T22 sirens
As shown on on poles. Specifications:
plan. Page ' 13 through 14
Furnish all labor and materials
except actual sirens and siren
controls. (Sirens and siren
controls furnished by the Risk
Management Division.)
Five hundred, fifty-
eight dollars and
80 cents per unit
558.80 5,588.00
6. 5 Relocate five (5) model STH10
As shown on and model 5 sirens on poles.
plan Specifications: Page 13
through 14 . Furnish
all labor and materials
except sirens and siren
controls. (Sirens and siren
controls furnished by the
Risk Management Division.)
Six hundred, sixty-
two dollars and
20 cents per unit
662.20 3,311 .00'"
Total Bid 31,902.00 31 ,902.00 ``'
4 •
The bidder (Proposer) shall complete the following statement by checking the
appropriate boxes.
The bidder (Proposer) has X has not participated in
a previous contract subject to the equal opportunity clause prescribed by
Executive Order 10925, or Executive Order 11114, or Executive Order 11246.
The Bidder (Proposer) has X has not submitted all compliance
reports in connection with any such contract due under the applicable filing
requirements ;and that representations indicating submission of required compliance
reports signed by proposed subcontractors will be obtained prior to award of
subcontracts.
If the Bidder (Proposer) has participated in a previous contract subject to the
equal opportunity clause and has not submitted compliance reports due under
applicable filing requirements, the Bidder (Proposer) shall submit a compliance
report on Standard Form 100, "Employee Information Report EEO-1" prior to the
award of contract.
1
The undersigned agreed to complete all work covered by these Contract Documents
within forty five (45) calendar days from and after the date of. receiving a
written work order of commencing.work from the owner. Within ten (10) days
after receipt of notice of acceptance of the Bid, the undersigned will execute
the formal contract and will deliver the required performance and payment -
bonds. The attached deposit check in the amount of (five percent of amount bid)
1 ,595. 10 is to become the property of the City of Wichita
Falls, Texas, or the attached Bidders Bond is to be forfeited, in the event the
Contract and Bond are not executed within the time set forth, as liquidated,'
damages for delay and additional work caused thereby.
Respectfully submitted,
Browning Electric Inc.
y .
G
F I%y• C. Browning, S
39
In
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in
3/ MIN
P.O.Box 1431
Risk Management Division
January 20, 1983
Floyd Browning
4;'
Browning.Electric Inc.
3111 Lawrence Road
Wichita Falls, Texas 76308
Dear Mr. Browning:
At the January 18, 1983 meeting of the City of Wichita Falls Board of.Aldermen
your bid for the installation and relocation of emergency warning sirens was
evaluated and compared to other bids received on January 10, 1983. As a result
of this review, the Board of Aldermen awarded the bid to you in the amount of
31,343.20 to install 11 new sirens and relocate 18 existing sirens. The Board
also approved a resolution granting authority to the Acting City. Manager to
execute a contract with you for this project.
As previously discussed with you, the original bid called for the installation
of 11 new emergency warning sirens and the relocation of 19 existing sirens.
For that project your bid was $31,902.00, however, subsequent to the submission
of bids it was learned that it would be difficult at best to relocate the siren
presently at 2213 Lucas. Therefore, the Board of Aldermen approved leaving that
siren in its present location and awarding the bid for the relocation of 18
sirens. Your bid indicated a per unit price of $558.80; therefore, your bid
was reduced by that amount. I discussed this adjustment with you on January 11,
1983 at which time you indicated your agreement.
As a result of this change, the following adjustment must be made to the original
specifications:
The siren located at 2213 Lucas Street will remain in its present
location.
The siren presently located at 2903 Southridge will be moved to
6701 General Custer.
In accordance with the covenants of our contract, please accept this letter as
notification in writing to commence the construction work.
Thank you for your bid and I look forward to working with you on this project.
Please do not hesitate to contact me if I can assist you in any way.
Sincerely,
Mark D. Wilson
MDW:fne Risk Manager