HomeMy WebLinkAbout1992-180ALL0001F
ORDINANCE NO. &_40 -
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVID-
ING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the purchase of necessary materials, equipment,
supplies or services in accordance with the procedures of state law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor, and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached herto, are hereby accepted and approved as
being the lowest responsible bids for such items
BID
ITEM
N MB R
NO
VENDOR
AMOUNT
1411
ALL
SOUTHWEST INDUSTRIAL
$34,950.00
CONSTRUCTORS
1415
1&2
POLELINE
$23,240 00
1415
3
WESCO
$19,950.00
1415
4
TECHLINE
$14,034 00
1415
5
PRIESTER
$12,660.00
1417
ALL
MAGNETEK LABORATORY
$25,000.00
SERVICES
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance
with the terms, specifications, standards, quantities and for the
specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his desig-
nated representative is hereby authorized to execute the written
contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifica-
tions, standards, quantities and specified sums contained in the
Bid Proposal and related documents herein approved and accepted
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein
SECTION V. That this ordinance shall become effective imme-
diately upon its passage and approval
PASSED AND APPROVED this��day of �� , 1992
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AS YO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: A ��
Q c
Page 2
DATE OCTOBER 20, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT* BID #1411 -WINDOW REPLACEMENT/VISUAL ARTS
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Southwest
Industrial Constructors in the total amount of $34,950 00
SUMMARY This bid is for labor and materials for replacement of the wood trim and
window frames at the Visual Arts Center, the existing glass will be reused The
original budget for this project was $36,240 00 The project as bid is $1,290 00
below budget estimates
Five bids were received in response to Nine that were sent out
BACKGROUND* Tabulation Sheet, Letter from Architect Alan Nelson
Facility Management, Citizens
FISCAL IMPACT: Certificate of Obligation Funds for Building Maintenance #445-032-
BLGD-9211-9101
es/p/ectfully submitted
v
Lloyd V Harr 1
City Manager
Prepared by'
Name Denise Harpool
Title Senior Buyer
Approved.
Name Tom D Shaw, C P M.
Title* Purchasing Agent
267 agenda
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ALAN F. NELSON
iAR C H I T E C T
August 27 1992
j Bruce Her ington
Director, F(aclilty Management d
City of Denton 4
' ! 215 E McKinney
i Denton, Texas 76201
i
M
In
Re ' !Bid Proposals'for 11
'VISUAL ARTS CENTER WINDOW$
' r
Bruce
of
I have re lewed the enclosed five proposals to replace the windows In the Visual'Arts Center After
contacting the low bidder,' Southwest Industrial Constructors, about their 14' {day completion, we
determined that this was a misunderstanding on their part Their intention was to Indicate that it would
f I be 14 days from the Notice to Proceed before they could start the job, with their, estimated time to
complete this project at 60 days However, they understand'the need to coordinate the work with the
schedule I the Visual Art Center'
The origir al budget for this project was $36,240 00 This bid Is $1,290 00 !Z@lm the estimated cost
,Based or this information, I feel that the low bidder, Southwest Industrial Constructors, should be
awarded his project If you, have any questions, please contact me at your convenlen e
it I � I
II+, Sincerely
Alan F Nelson i
l i I Architect
A 1
jA{t
"
+ t' oc Deni a Harpooi - r ;
,
,
AFN on j
F ARCHITECTURE ❑ PLANNING ❑ t INTERIOR DESIGN
502 W O 1 DENTON, TEXAS 76201 , ' 817 566-0266
111 � I
I
I
DATE OCTOBER 20, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID # 1415 - DISTRIBUTION TRANSFORMERS
RECOMMENDATION: We recommend these bid items be awarded to the low evaluated
vendor as follows
ITEM
VENDOR
TOTAL
1 & 2
POLELINE
$23, 240.00
3
WESCO
$19,950 00
4
TECHLINE
$14,034 00
5
PRIESTER
$12,660 00
SUMMARY: This bid is for conventional and padmount transformers which will be
used through out the Electric Distribution System
Ten bids were received in response to twenty two bid invitation mailed
BACKGROUND: Tabulation sheet, Memorandum/Evaluation from Glenn Fisher
: Electric Distribution
FISCAL IMPACT: Revenue Bond Funds 1990 account #610-080-0252-9222 the current
balance is $1, 268, 215 40
Res etf 1 sub i ed
Lloyd V Hari 11
City Manager
Prepared by
Name Denise Harpool
Title Senior Buyer
A oved
Name Tom Shaw, C P M
Title Purchasing Agent
306 agenda
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144; CCU -2 r� , 214
MY Of DENTON MUNICIPAL UTILITIES / 901-A Texas Street / Denton, TX 76201
MEMORANDUM
To Denise Manning
From Glenn Fisher
Date October 1, 1992
Based on the low evaluated lifetime operating costs, the Electric Utilities Department
recommends that the folowrng be accepted
LtQmi No
Descr tiD ion
Vendor
Quoted Pnce
Extended Pnce
1
25 KVA OH Xfmrs
Poleline
$474 00
$9,480 00
2
50 KVA OH Xfmrs
Poleline
$688 00
$13,760 00
3
150 KVA PMT Xfmrs
Wesco
$3,990 00
$19,950 00
4
300 KVA PMT Xfmrs
Techline
$4,678 00
$14,034 00
5
750 KVA PMT Xfmrs
Priester
$6,330 00
$12,660 00
See attached sheets for evaluation breakdown and ranking
cc Joe Chern
R&M 1415 mem
Page 1/2
BID NO. 1415
September 15, 1992
25 KVA 120/240 Volt Conventional Overhead Distribution Transformer
Delivery
NLL
LL
Bid
Evaluated
Vendor
Manufacturer
(Weeks)_
_(Coro_
(Coll)
Price _
Cost _
Polelme
__
Kuhlman
8-9
66
255
$474 00
$6,150 45
KBS Electrical
Ermco
8
58
279
$478 00
$6,236 77
Techline
Howard
10-12
77
260
$467 00
$6,297 46
Priester
Cooper
13
60
242
$538 00
$6,419 26
Wesco
Westinghouse
9
57
322
$498 00
$6,675 64
Preferred Sales
Central Moloney
8
82
273
$505 00
$6,732 19
$6,82836
Temple
General Electric
10-15
61
56
274
354
$56100
$507 00
$6,957 10
Cummins
United
6-8
10
85
350
$476 00
$7,131 44
Sesco
Sesco
50 KVA 120/240 Volt Conventional Overhead
Distribution
Transformer
Delivery
NLL
LL
Bid
Evaluated
Vendor
Manufacturer__
— _(Weeks
(core)
(Coll)
Price
$688 00
Cost
$9,641 72
Poleline
Kuhlman
9
13
123
104
414
481
$68800
$9,85255
Priester
Cooper
8
125
375
$779 00
$10,027 91
KBS Electrical
Ermco
10-12
131
467
$67800
$10,07295
Techline
Preferred Sales
Central Moloney
8
95
445
$810 00
$10,318 85
Temple
General Electric
10-15
105
476
$820 00
$10,760 02
$11,02330
Cummins
United
6-8
135
520
$75000
Wesco
Westinghouse
10
160
550
$7 07 00
$11 302 8
Sesco
Sesco
150 KVA 120/208 Volt Padmount Distribution Transformer
Delivery
NLL
LL
Bid
Evaluated
Vendor
Manufacturer __
L►Neeko
-cora)
Acoo
1113
Price
$3,990 00
Cost _ _
$41,095 63
Wesco
Westinghouse
Howard
9
10-12
338
346
1416
$3,70000
$41,37316
Techline
Cummins
Pauwels
12-14
310
1568
$4,04200
$44,36244
Poleline
Pauwels
12-14
310
1568
$4,04900
$44,41172
Temple
General Electric
10-15
292
1370
$4,556 00
$46,279 82
Priester
Cooper
14
297
1575
$4,420 00
$46,885 43
Sesco
Sesco
10
375
1400
$4,495 00
$47,275 30
Stuart C Irby
Square D
9
486
2124
$7,250 00
$73,547 92
Page 2/2
BID NO 1415
September 15, 1992
300 KVA 120/208 Volt Padmount Distribution Transformer
Delivery
NLL
LL
Bid
Evaluated
Vendor
Manufacturer
(core)
(cod)
Price
cost
Techline
Howard
_(Weeks
10-12
637
2622
$4,67800
$56,68217
Wesco
Westinghouse
9
516
2370
$5,19500
$57,17016
Poleline
Pauwels
12-14
546
2355
$5,544 00
$59,980 45
Cummins
Pauwels
12-14
546
2355
$5,55800
$60,07901
Sesco
Sesco
10
600
2200
$5,81800
$61,83816
Temple
General Electric
10-15
577
2357
$5,76000
$61,96288
Pnester
Cooper
14
510
2765
$5,950 00
$64,580 58
Stuart C Irby
Square D
9
738
4088
$9,470 00
$99,986 34
750 KVA 277/480 Volt Padmount Distribution Transformer
Delivery
NLL
LL
Bid
Evaluated
Vendor Manufacturer_ (Week)
(core)
(cod)
Price
cost
Priester Cooper 14
1132
5932
$6,330 00
$93,797 97
Techline Howard 10-12
1131
5307
$8,47800
$105,45210
Wesco Westinghouse 9
1086
4995
$9,320 00
$109,001 61
Temple General Electric 10-15
1038
5037
$9,875 00
$112,44295
Poleline Pauwels 12-14
848
6145
$9,77800
$115,11939
Cummins Pauwels 12-14
848
6145
$9,84600
$115,59811
StuartC Irby Square 9
1130
5261
$11,45000
$126,10628
Sesco Sesco 10
1200
4800
$12,229 00
$130,061 12
Evaluation Founula Unit Cost * 7 04 + (NLL + LL * LF) * 14 54
Where,
NLL = Transformer No Load (Core) Losses
LL = Transformer Load (Copper) Losses
LF = Load Factor which is 0 5 for 167 KVA or
less and 0 38 for all others
R&M 1415 wk3
DATE OCTOBER 20, 1992
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT BID #1417 - TRANSFORMER OIL TESTING
RECOMMENDATION: We recommend this bid be awarded to the low bidder Magnetek
Laboratory Services, at the unit price of $10 00 per sample, for an estimated total
of $25,000 00
SUMMARY: This bid is for the testing of approximately 2,500 samples of transformer
oil to determine PCB levels
Seven bids were received in response to eight invitations mailed
BACKGROUND: Tabulation sheet, Memorandum Glen Fisher
Electric Distribution
FISCAL IMPACT: Budgeted Funds for 93 account #610-080-0252-8334 current balance
if 704,072 05
pectfully mrtted
Lloyd V Harrell
City Manager
Prepared by
I ��/ O.n�
Name Demse Harpool
Title Senior Buyer
Approved
Name Tom D Shaw, C P.M
Title Purchasing Agent
1417 agenda
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1997 OCT -2 IPII , 25
ITYofDENTONMUN/ IPALUTILITIES /sot -A Texas street/ Denton, Tx76201
MEMORANDUM
To Denise Manning
From Glenn Fisher
Date October 1, 1992
�• � ,1 • Il" • 1!
Based on the low cost meeting specifications, the Electric Utilities Department recommends
that the quotation from Magnetek Laboratory Services be accepted following final Legal
approval The cost per sample will be $10 00 for approximately 2,500 samples
cc Joe Chern
R&M 1417 mern
STATE OF TEXAS
COUNTY OF DENTON
CONTRACT AGREEMENT
0
0
THIS AGREEMENT, made and entered into this 20
OCTOBER
THE CITY OF DENTON
of the County of
A.D., 19 92 , by and between
DENTON
through LLOYD V. HARRELL
day of
and State of Texas, acting
thereunto duly authorized so to do, hereinafter termed "OWNER," and
MAGNETEX OHIO TRANSFORMER, BOX 3991, 1776 CONSTITUTION AVENUE, LOUISVILLE,
OHIO, 44641-3991
of the City of
and State of
LOUISVILLE
OHIO
termed "CONTRACTOR."
County of
LOUISVILLE
hereinafter
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1417 - TRANSFORMER OIL TESTING in the amount of $25,000.00
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 work specified above, 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
CA - 1
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
i�
CITY OF DENTON
MAGNETEK OHIO
CONTRACTOR
my
Title
(Sl;AL)
(SEAL)
CA - 3
all maps, plats, blueprints, and other drawings and printed or
written explanatory matter thereof, and the Specifications
therefore, as prepared by CITY OF DENTON STAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
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.
CA - 2
BID NUMBER 1417 BID PROPOSALS Page 2 of 9
City of Denton, Texas 901-B Texas St.
Purchasing Department Denton, Texas 79201
ITEM
DESCRIPTION
QUAN.
PRICE
AMOUNT
1.
TESTING OF SAMPLES OF TRANSFORMER OIL FOR
PCB'S......................................
2500
$10.00 ea
$25,000.(
APPX.
Please address your purchase order to:
MagneTek Ohio Transformer
c/o Keasler Associates, Inc.
2907 St. Andrews
Richardson, TX 75082
Telephone: 214/669-4000
FAX: 214/669-4060
TOTALS
We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 7 days from receipt of order. Terms netl30
unless otherwise Indicated.
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 constltues a contract. The completed Bid Proposal must be properly priced, signed and returned.
Box 3991; 1776 Constitution Avenue
Meiling A&rese
Louisville, OH 44641-3991
City state Zip
MagneTek Ohio Transformer
2-16/875-3333
Telephone
signature
Laboratory Sales Manager
Title
r .-
r " PURCHASING DEPARTMENT
'r City of Denton
901-B Texas St.
Denton, Texas 76201
KEASLER ASSOCIATES, INC
2907 ST ANDREWS
RICHARDSON, TX 75082
BID INVITATION
CITY OF DENTON, TEXAS
Date AUGUST 11, 1992
BID NUMBER 1417
1\GJrtJt_�i;
AUG 13 1997
ASSOCIA I S
BID TITLE TRANSFORMER OIL TESTING
Sealed bid proposals will be received until 2:00 p.m.
SEPTEMBER 15, 1992 , at the office of the
Purchasing Agent, 901-B Texas St., Denton, Texas 76201
For additional information contact
PURCHASING DEPARTMENT
901 B Texas Street
Denton, Texas 76201
Office
817-383-7100
DFW Metro
817-267-0042
INSTRUCTIONS TO BIDDERS
1. Sealed bid proposals must be race, ad in duplicate, on this form, prior to opening date and time to be considered. Late
proposals will be returned unopened.
2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely
sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901-B Texas St., Denton, TX
76201
3. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying
same, or it will not be considerer+.
4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated.
5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder
6. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penalty for such default.
7. The City of Denton reserves the right to reject any and all bids, to waive all Informalities and require that submitted bids
remain in force for a sixty (60) day period after opening or until award is made; whichever comes first.
8. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton
throughout the contract period.
9. The items are to be priced each net. (Packaging or shipping quantities will be considered.)
10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or
questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent.
11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives
prior to award shall be Bounds for disqualifications.
12. The conditions and terms of this bid will be considered when evaluating for award.
13. The City of Denton is exempt from all sales and excise taxes. (Article 20.04-e)
BIDNUMBEA 1417 SPECIFICATIONS
Purchasing Department
City of Denton, Texas
POLYCHLORINATED BIPHENYL (PCB) TESTING
Page ; of
The City of Denton is requesting bids for the analysis of
approximately 2,500 distribution transformer oil samples for
polychlorinated biphenyls (PCB's).
Bidders shall submit a quote based on a price per sample for
testing based on the following criteria;
The analysis of these samples shall be performed using Gas
Chromatography methodology. Specifically, the use of EPA Test
Method 8080 for the analysis of Organochlorine Pesticides and PCB's
shall be used. Any deviation in the use of approved EPA
methodology must be documented and the testing laboratory will
submit evidence of acceptance of the alternate procedure by the
EPA.
All quality control procedures will be performed in accordance with
EPA accepted methodology and will be included with the sample
results. Any deviation in the use of approved EPA quality control
procedures must be documented and the testing laboratory will
submit evidence of acceptance of the alternate quality control
procedure by the EPA.
All work must be done in accordance with or exceptions noted to the
attached contract.
The City of Denton will submit samples in lots of 200 to 500.
Results for each lot will be sent to the City of Denton within
thirty (30) business days of lot submittal. Each sample will have
the individual aroclors identified. Results shall be sent as a
hard copy identifying a minimum of the sample test date, lab
identification number, _City identification number, unit serial
number and the individual aroclor concentrations. Results shall
also be sent in digital form, on a 3.5 inch diskette in one of the
following formats;
1) Comma delimited ASCII file in the form: Sample Test Date,
Lab ID #, City ID #, Serial #, Total Aroclor
Concentration.
An example: 7/30/92,0001,4520,5X43201,238.91
2) A Lotus 123 WK1 spreadsheet with the following columns;
Sample Test Date, Lab ID #, City ID #, Serial #, Total
Aroclor Concentration.
BID NUMBER 1417 SPECIFICATIONS Page 4 of 9
Purchasing Department
City of Denton, Texas
3) A dBase IV database with the following fields; Sample
Test Date, Lab ID #, City ID #, Serial #, Total Aroclor
Concentration.
Original invoices for each lot shall be sent to:
Accounting Department
215 East McKinney
Denton, TX 76201
A copy of the invoice and the test results for each lot, as defined
above, shall be sent to:
Glenn Fisher
City of Denton Municipal Utilities
Electric Engineering
901A Texas Street
Denton, TX 76201
(817) 383-7121
Payment for each invoice will be made upon receipt of the hard copy
and digital file of the results for the lot.
Bidders shall agree to or note any exceptions to the specifications
in their bid.
BID NUMBER 1417 SPECIFICATIONS Page 5 of 9
TERM:
Purchasing Department
City of Denton, Texas
Unless sooner terminated or extended as provided herein, this
agreement shall remain in full force and effect from the date
first written on the attached price quotation sheet until the
date of completion of the services or either party becomes
insolvent, makes an assignment for the benefit of creditors,
or a bankruptcy petition is filed by or against it. Either
party may terminate this agreement at any time by giving
written notice of such termination to the other party. Upon
such termination of this agreement, Customer shall pay and
reimburse Vendor for services rendered and costs incurred by
Vendor prior to the effective date of termination.
INDEPENDENT CONTRACTOR:
Vendor's relationship with customer under this agreement shall
be that of an independent contractor. Nothing in this
agreement shall be construed to designate Vendor, or any of
its associates or subcontractors, as employees, joint
venturers or partners of customer.
SUBCONTRACTING:
Vendor shall have the right to subcontract any and all
service, duties, and obligations hereunder, in whole or in
part with the consent of Customer. Subcontractor shall be
bound by the same terms and conditions of performance as
Vendor.
PAYMENT:
Customer shall make payment to Vendor within thirty days after
the date of the invoice provided that test results have been
submitted to Customer as specified elsewhere. Vendor may add
to the invoice any excess copy charges, travel expenses, long
distance telephone charges, and special reproduction costs
requested or approved by customer. In the event Vendor has
not received payment within thirty days after the date of the
invoice and receipt of test results, Customer shall pay
interest on the unpaid balance at the maximum rate allowed by
law commencing on the thirty-first (31st) day after the date
of invoice.
CHANGE ORDER:
The term "Change Order" as used herein is a written order to
Vendor, signed by Vendor and customer after execution of this
BID NUMBER 1417 SPECIFICATIONS Page 6 of 9
Purchasing Department
City of Denton, Texas
Agreement authorizing a change in the services and/or prices
and each change order shall be considered an amendment to the
Agreement.
SAMPLE DISPOSAL:
Unless Customer requests otherwise, unused portions of test
samples submitted for analysis shall be disposed of
immediately after report submission. Upon written request
Vendor may agree to retain said samples for a mutually
agreeable storage charge. Vendor reserves the right to return
test samples to Customer or dispose of unused portions of test
samples at Customer's expense.
CUSTOMER WARRANTY:
Customer hereby warrants that all representative samples
shipped to Vendor shall be prepared for shipment and packaged
in containers specified by, and marked in accordance with, all
applicable statutes and regulations of the United States
Department of Transportation, Environmental Protection Agency,
and/or such successor and any other appropriate Federal, State
and Local governmental agencies.
CONFIDENTIALITY:
Vendor and its employees shall hold in confidence business or
technical information disclosed to Vendor or acquired by
Vendor in the course of performing services hereunder which
Customer marks as proprietary. The obligations of this
paragraph shall survive the termination of this agreement. The
obligations of confidentiality do not apply to information
which: (a) is or becomes part of public domain; or (b) is
lawfully in the possession of vendor at the time it was
acquired hereunder; or (c) is required to be publicly
disclosed under the law.
SEVERABILITY:
The provisions of this agreement shall be severable, and if
any clause, sentence, paragraph, provision or other part
hereof shall be adjudged by any court of competent
jurisdiction to be invalid, such judgement shall not affect,
impair or invalidate the remainder hereof, which remainder
shall continue in full force and effect.
BID NUMBER 1417 SPECIFICATIONS Page 7 of 9
Purchasing Department
City of Denton, Texas
WAIVER:
No waiver by either party of any breach, default or violation,
of any term, warranty, representation, agreement, covenant,
condition or provision hereof shall constitute a waiver of any
subsequent breach, default or violation of the same or any
other term, warranty, representation, agreement, covenant
condition of provision hereof. All waivers must be in
writing.
FORCE MAJEURE:
obligations of either party under this Agreement shall be
suspended, and such party shall not be liable for damages or
other remedies while such party is prevented from complying
therewith, in whole or in part, due to contingencies beyond
its reasonable control, including, but not limited to,
strikes, riots, war, fire, acts of God, injunction, compliance
with any law, regulation or order, whether valid or invalid,
of the United States of America or any other governmental body
or any instrumentality thereof, whether now existing or
hereafter created, inability to secure materials or obtain
necessary permits, provided, however, the party so prevented
from complying with its obligations hereunder shall promptly
notify the other party thereof.
COMPLIANCE WITH LAW:
In the performance of all ser
Vendor and Customer agree
federal, state and local law
order, rules and regulations
APPLICABLE LAW:
vices to be provided hereunder,
to comply with all applicable
s and ordinances and all lawful
of any constituted authority.
The validity, performance and construction of this agreement
shall be governed by and construed in accordance with the laws
of the State of Texas.
WARRANTY:
Vendor represents and warrants to Customer that:
1) Vendor understands the risks presented to persons,
property, and the environment in the handling,
transportation, storage, treatment and disposal of
wastes to be managed pursuant to this contract;
BIDNUMBER 1417 SPECIFICATIONS
Purchasing Department
City of Denton, Texas
Page 8 of 9
2) Vendor is qualified to perform the services
hereunder and will do so in a safe and workmanlike
manner and in compliance with all governmental laws
regulations, and orders; and
3) Vendor and any subcontractors employed by Vendor
possess and will maintain for the life of this
contract all permits, licenses, certificates, and
approvals necessary for the performance of services
hereunder.
4) That Vendor will properly package, label and mark
all applicable wastes under this contract in
accordance with all applicable governmental laws,
regulations and orders.
The foregoing warranties are exclusive and in lieu of all
other warranties whether statutory, expressed or implied
(including all warranties of merchantability and fitness
for particular purpose and all warranties arising from
course of dealing or usage of trade), except of title and
against patent infringement.
INDEMNIFICATION:
Vendor shall indemnify and save Customer (including its
employees) harmless from and against any expense, loss or
liability caused by or resulting from the failure of
Vendor (or its Subcontractors) to fully comply with
applicable federal, state or local laws, statutes,
regulations, or governmental directives which regulate
the handling, transportation, storage, or disposal of the
waste hereunder and from any and all claims, suits and
liability for loss of or damage to any tangible property
or persons (including death) caused by any negligent or
willful act of Vendor or its Subcontractors during the
handling, collection, transportation, storage, or
disposal of the waste hereunder. Customer shall
indemnify and save Vendor (including its employees)
harmless from and against any expense, loss or liability
caused by or resulting from the failure of Customer (or
its Subcontractors) to fully comply with applicable
federal, state or local laws, statutes, regulations, or
governmental directives which regulate the handling,
transportation, storage or disposal of the waste
hereunder and from any and all claims, suits and
liability for loss of or damage to any tangible property
or persons (including death) caused by any negligent or
BIDNUMBER 1417 SPECIFICATIONS
Purchasing Department
City of Denton, Texas
Page 9 of
willful act of Customer or its Subcontractors during the
handling, collection, transportation, storage, or disposal of
the waste hereunder.
LIMITATION OF LIABILITY:
The total cumulative liability of Vendor under this
Contract or any act or omission in connection therewith,
such as the performance or breach thereof, whether in
contract, in tort (including negligence or strict
liability), under any warranty, or otherwise, shall be
limited to the price of that portion of the services upon
which such liability is based or $1,000,000, whichever is
greater. This limitation shall not apply to liability
for adverse effects on the environment.
INSURANCE:
Before performing any services hereunder, Vendor shall
obtain and maintain for the duration of this contract, at
its own expense, at least the following insurance:
Coverage Limits
a. Worker's Compensation Statutory
b. Employer's Liability $1,000,000 per
occurrence
c. Commercial General Liability $1,000,000 combined
(bodily injury and single limit
property damage)
General Liability and Automobile Liability insurance
shall name City of Denton as an additional insured. Each
policy or certificate evidencing the insurance shall
contain an endorsement which provides that the insurance
company will notify Vendor and the City of Denton 30 days
prior to effective date of any cancellation or
termination of the policy of certificate or any
modification of the policy which adversely affects the
interest of the City of Denton in such insurance. The
notice shall be sent by registered mail and shall
identify this Agreement, the policy and the insured.
Prior to commencement of work, Vendor shall furnish
Customer with acceptable evidence showing that insurance
coverage described in this article has been obtained.
DATE
Producer
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND,
Willis Corroon Inc.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
70 South Lake Ave., Ste 1100
Pasadena, Ca. 91101
COMPANIES AFFORDING COVERAGES
(.818) 796-3888
Company
Letter A HARTFORD FIRE INS. CO.
Company
Letter B TWIN CITY FIRE (HARTFORD)
Insured MAGN208
company
Letter C ACCEPTANCE INSURANCE COMPANY
14AGNETEK INC. ETAL
OHIO Tii&SFORMER CORP.
1776 CONSTITUTION AVE.
LOUISVILLE, OH 44641
Company
Letter D
Company
Letter E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER-
IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, 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,
EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF DATE
POLICY EXP DATE
LIMITS
LTR
(nMdd/yy)
(nm/dd/ri)
GENERAL LIABILITY
General Aggregate
Prod-comp/Ops Agg
$1, 000, 000
$2, 000, 000
A
[J] commercial General Liab.
72CSECS761SE
10/01/92
10/01/93
Pers & Adv Injury
$ 500, 000
S 500, 000
=', [ ]claims Made [ ]Occur
Each Occurrence
$
[ I Owner's & Contractors
Fire Damage
(Any one fire)
Protective
[-i]PRODUCTS LIAB.
Medical Payments
$
[ ]
(Any one person)
AUTOMOBILE LIABILITY
Combined
$1, 000, 000
Single Limit
A
(-/I Any Auto
72CSECS7620E
10/01/92
10/01/93
[ ] All Owned Autos
Bodily Injury
S
I ] Scheduled Autos
(Per Person)
[d] Hired Autos
[d] Non - Owned Autos
Bodily Injury
S
[ ] Garage Liability
(Per Accident)
Property Damage
S
[ ]
EXCESS LIABILITY
Each Occurrence S 1, 500, 000
$ 1,500,000
C
[ ] Umbrella Form
[J] Other Than umbrella Form
D92CH0014
10/01/92
10/01/93
Aggregate
B
WORKER'S COMPENSATION
AND
72WBRCS761SE
10/01/92
10/01/93
[ *4 Statutory
Each Accident
Disease-Pol Limit
$l, 000, 000
EMPLOYER'S LIABILITY
Disease -Each Empl
$1, 000, 000
OTHER
Description Of rations/Locations/Vehicles/Special Items:
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED IF AN ADDITIONAL INSURED
IS BY CONTRACT. ENDORSEMENT ALSO
AENDORSEMENT
PPLIES IN FAVOREQUIRED
CONTRACT.
OF CERTIFICATE HOLDERSIFROGATION REQUIREDWBY CO
Should any of the above described policies be cancelled before the
CITY OF DENTON TEXAS
expiration date thereof, the issuing company will endeavor to
mail 60 days written notice to the certificate holder named to the
901-B TEXAS STREET
DENTON, TX 76201
left, but failure to mail such notice shall impose no obligation or
liability of any kind Tryon the company, it's agent's or representatives.
Author"zed Representative