HomeMy WebLinkAbout1990-0392651L-1/3689
NO. O -039
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, 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
materials, 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 o� r materials, equipment, supplies, or services, shown in the
"Bid Proposals" on file in the Office of the City's Purchasing
Agent filed according to the bid number assigned thereto, are
hereby accepted and approved as being the lowest responsible bids
for such items:
BID ITEM
NUMBER NO.
VENDOR
1074
1
Coastal Equipment
1075
1
Harcros
1075
2
Delta
1075
3
Delta
1075
4
Rhone-Poulene
1075
5
Harcros
1075
6
Delta
1075
7
Carus
1075
8
Ammonia Service
1075
9
Fe3
1075
10
DX System
1077
11
Dustrol Inc.
1078
12
Agchem Equipment Co.
AMOUNT
50,110.00
360,00/Ton
.535/Lb.
.296/Lb.
$ 72.05/Ton
$350.90/Ton
1.225/Lb.
.19/Lb.
$116.00/Ton
$$ 1.10/Gal.
As Per Attached
Prices Listed in
Exhibit "A"
$1645895.00
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
purchase the materials, equipment, supplies or services in accor-
dance 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 accep-
tance, approval, and awarding of the bids, the City Manager or
his designated 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,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related bid 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
immediately upon its passage and approval.
PASSED AND APPROVED this&dt day of 1990.
RAY S PAENS , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
&—/
PAGE TWO
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON )(
THIS AGREEMENT, made and entered into
A.D., 19 9Q by and between THE CI
20 day of MARCH
of the County of DENTON and State of Tt exas, acting through
LLOYD V. HARRET.I. ereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and DUSTROL, INC.,
P.O. BOX 308, TOWANDA, KANSAS 67144
of the City of DENTON , County of DENTON
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:
RTDA 1 n77 — RENTAL OF STREET C ONSTRUCTTON RQIITPMENT
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 THE CITY OF DENTON STREET DEPARTMENT STAFF
, 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.
a s�
ATTEST:
CA-2
0044b
CITY O DENTON, TEXAS
Party of t e Fir Part, OWNER
By
LLOYD V. HARRELL, CITY MANAGER
(SEAL)
DUSTROL. INC.
Party/off tthee SecondPaart, CG;TII ::.
By �X /G�c✓1
Title
DT DANKERT, President
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS )(
COUNTY OF DENTON )(
KNOW ALL MEN BY THESE PRESENTS: That Mtrol. Inc.
, of the City of Toolanda
County of RAIer , and State of Kansas
as PRINCIPAL, and Reliance 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 THE CITY OF DENTON, TEXAS
as OWNER, in the penal sum of ONE HUNDRED THOUSAND AND no/100
Dollars ($ 100,000.00 ) for the payment whereof, the said
Principal and Surety .bind themselves and their heirs, administrators, executors,
succesors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 20 day of MARCH , 1990 , for the construction of
BID# 1077 — RENTAL OF STREET CONSTRUCTION EQUIPMENT
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;
MOM
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 in Denton 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 5th day of April 19 90.
llustrol. In(-.- Reliance Insurance Company
Principal, Surety
BY By
UT DANKERT Claudia J. Na eau
Title President
Address PO Box 308
Title Attorney -In -Fact
Address 1200 Merchants Bank Bldg.
Topeka, Kansas 66612
SEAL-) (SEAL%
r ^>
The nameGandaddress of the Resident Agent of Surety is:
Neal G. Clark, Suite 1250, One Dallas Centre, 350 North St. Paul Street,
Dallas, TX 75201-4205
NUPE: Date of Bond must not be prior to date of Contract.
PB-2
0091b
i RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania, does hereby make, constitute and appoint John M. Koger, John M. Koger, Jr. , Eugene F. Konen,
Claudia J. Nadeau and E. J. Flickinger, individually, of Topeka, Kansas
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and
undertakings of Suretyship,
aincT—to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vim President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the Power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
anddeliveron behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, reoognizances, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have Power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been
amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused these presents to be signed byjiSyice President, and its corporate seal to
be hereto affixed, this 27th day of August 19 86 , _ n
STATE OF Pennsylvania
COUNTY OF Philadelphia ss
On this 27th day of August
ncc
uwNc
e Vice
a
a
, 19 81J personally appeared
President
Raymond MacNeil
to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowled�executed and attested the foregoing
instrument and affixed the seat of said corporation thereto, and that Article VII, Secti r(1-2, and 3 o the By. aws of said Company. and the Resolu-
tion, set forth therein, are still in full force. /
My Commission Expires: on
Septeober 28 1987 Notary Public in and for State of lvania
Ray L. Lorah Residing at Philadelphia
I
Assistant Secretar a RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney id RELIANCE INSURANCE COMPANY, which is still in full force and
effect. <� cop
IN WITNESS WHEREOF, I have hereunto set my hand and affi thsa mpany this
a 5th day of April 1990
s
r
BOR-tail Ed. 6/79 ��" "'Q"` Assistant Secretary �4L
OF GUARANTY FUND NON
In the event the insurer is unable to fulfill
its contractual obligation under this policy
or contract or application or certificate
or evidence of coverage, the policyholder
or certificateholder is not protected by
an insurance guaranty fund or other solvency
protection arrangement.
This notice is provided to you in compliance with
the requirements of Article 21.28E Chapter 21 of the
Insurance Code as enacted by the 71st Legislature.
Fidelity & Surety Bonds have never been included under
the Texas Guaranty Fund, therefore the preceding notice
does not represent any change in participation.
PAYMENT BOND
STATE OF TEXAS
)c
COUNTY OF DENTON )i
KNOW ALL MEN BY THESE PRESENTS: That Dustrol, Inc.
of the City of Towanda
County of Butler , and State of Kansas as principal, and
Reliance Insurance COm any
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
OWNER, in the penal sum of ONE HUNDRED THOUSAND
AND NO/100 Dollars ($ 100, 000.00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes Rtesents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 20 day of MARCH , 19 90
HID# 1077 — RENTAL OF STREET CONSTRUCTION EQUIPMENT
to which contract is hereby referred to .and made a part hereof as fully and ,
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 prosectioa 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
Reliance Insurance Company
Surety
Title Attorney -In -Fact
Address 1200 Merchants Bank Bldg -.—
Topeka, Kansas 66612 �i-,
(SEAL)'c\
a
The name and address of the Resident Agent of Surety is:
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 5th day of April
— 1990
Dustrol Inc.
Principal
BY
DT DANKERT
Title President
Address
KS 67144
Neal G. Clark, Suite 1250, One
llas, TX 75201-4205
0092b
llas Centre, 350 North St. Paul Street,
PB-4
RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania, does hereby make, constitute and appoint John M_ Koger, John M. Koger, Jr. , Eugene F. KOn2.en,
Claudia J. Nadeau and E. J. Flickinger, individually, of Topeka, Kansas
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
undertakings of Suretyship,
any and all bonds and
ado bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers, and hereby ratifies and confirms all that its said Attorneyls)-in-Fact my do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VI I of the By-laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem.
nity or other conditional orobligatoryundertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and mid Resolution has not been
amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power w executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused these presents to be signed by ice President, and itscorporate seal to
be hereto affixed, this 27th day of August 19 86
RELIA INSU CE CO A
t UMet
c
<�4 e7a
z
d Vice President
STATE OF Pennsylvania
COUNTY OF Philadelphia
On this 27th day of August
s� o
4
��M1t "tkf
, 19 86 personally appeared Raymond MacNeil
to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged hes-h executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that Article VII, =Secti,nd 3 o the By- aws of said Company and the Rewlu.
Lion, set forth therein, are still in full force.
Myy�Commission Expires: ,,✓
Septanber 28 .19 87 Notary Public in and for State of lvanla
DZ,�
Residing at Philadelphia
I• Ray L. I.orah , Assistant Secretar a RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney id RELIANCE INSURANCE COMPANY, which is still in full form and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affi th m ' m Pony this 5th day of Apr i 1 1990
BOR-1431 Ed.6/79 �9°,.`�"'soAssistant Secretary
J �d
OF GUARANTY FUND NON
In the event the insurer is unable to fulfill
its contractual obligation under this policy
or contract or application or certificate
or evidence of coverage, the policyholder
or certificateholder is not protected by
an insurance guaranty fund or other solvency
protection arrangement.
This notice is provided to you in compliance with
the requirements of Article 21.28E Chapter 21 of the
Insurance Code as enacted by the 71st Legislature.
Fidelity & Surety Bonds have never been included under
the Texas Guaranty Fund, therefore the preceding notice
does not represent any change in participation.
PURdDe
NG DEPARTMENT
City n
907-St.
Dents 76201
Dustrol Inc.
P. 0. Box 308
Towanda, KS 67144
BID INVITATION
CITY OF DENTON, TEXAS
Date
BID NUMBER
RECc. I V d 0
FEB 2 G 19 0
DUSTROL lb,f
FEBRUARY 19, 199b
1077
BID TITLE RENTAL OF STREET
CONSTRUCTION EQUIPMENT
Sealed bid proposals will be received until 2:00 p.m.
MARCH 8 1990 at the office of the
Purchasing Agent, 901-B Texas St., Denton, Texas' 76201
For additional information contact
Office
817-566-8311
INSTRUCTIONS TO BIDDERS
Tom D. SHAW, C.P.M.'
ASSIST. PURCHASING AGENT
D/FW Metro
817-267-0042
1. Sealed bid proposals must be received 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 considered.
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 gounds 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-B)
BID NUMBER BID PROPOSALS Page of
1077 City of Denton, Texas 901•8 Texas St
Purchasing Department Denton, Texas 76201 2 _ 5
ITEM DESCRIPTION
OUAN. PRICE AMOUI
DAILY RENTAL RATS
1• Heater - truck mounted radiant heat Propane
fired, 12'
per day
0
90d.
x 24' insulated oven
Ia. Mobilization charge to include delivery,.and pickup
as well
each
as loading and unloading as required.
2• Heater Scarifier - truck mount radiant heat
fired, 12'
per day
x 24' insulated oven, carbon tipped
pped teeth
2a• Mobilization char a to include deliver
g y, and pickup
as well
each
�vv
as loading and unloading as required.,
.
3• Distribution Mixing Recycler - meter liquid, (2)
carbide
Per da
tooth mixing drums, reversible augers,
Y
vibetory screed.
3a. Mobilization charge to include delivery, and pickup
each
as well as loading and unloading as required.
4. Laydown Machine - barber green SA150 or Equal
per da
P Y
o
�QQ•
4a. Mobilization charge to include delivery, and pickup
as well as loading and unloading as required.
each
r�
156
5. Pneumatic Roller - Class B roller w/water
per day
275
5a. Mobilization charge to include delivery, and pickup
as well as loading
each
'�
and unloading as required.
6. Tandom Steel Roller - 10-12 ton w/water
per day
2 -75'
6a. Mobilization charge to include delivery, and pickup
as well as loading and unloading as required.
each
TOTALS
We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in
unless otherwise indicated. -days from receipt of order. Terms neU30
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 property priced, signed and returned.
f .0. boy. 360
Mailing Address
<bWanldn- L-5 rod 144
city Slate ZIP
31:t� S. n' Z? (�- Z
-
6ldder
slgnatura
7 -
c BID NUMBER 1077 BID PROPOSALS
Page 3 of 5
City of Denton, Texas f101•B Texas St.
Purchasing Department Denton, Texas 76201
ITEM DESCRIPTION
OUAN. PRICE AMOUI,
7. Milling Machine — track type caterpillar 450 or per day
equal
7a.
Mobilization charge to include delivery, and pickup
each
a
as well as loading and unloading as required.
210.
8•
Liquid Tanker - 6,000 gallon capacity minimum
per day
°
Be.
Mobilization charge to include delivery, and pickup
each
as well as.loading and unloading as required.
9.
Pickup Broom - Mobile TE3 or equal
per day
y
9a.
Mobilization charge to include delivery, and pickup
each
`!9'
SD.
as well as loading and unloading as required.
10.
Water Truck - 1,000 gallon capacity w/pump capabilities
per day
��d•�
10a.
Mobilization charge to include delivery, and pickup
as
each
S�
well as loading and unloading as required.
11.
Mini -Mill Catepillar RP75 or equal with 18" drum
day
a�
1 r
lla.
Mobilization charge to include delivery, and pickup
as well as loading and unloading as required.
So •'.
NOTE: (1) All prices must include gtialified,operator
with each piece of equipment.
(2) Prices must be firm for one (1) year from
date of award.
TOTALS
We Quote the above f.o.b. delivered to Denton, Texas. Shipment can be made In
unless otherwise indicated. days from receipt of order. Terms neU30
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 i contract. The completed Bid Proposal must be properly priced, signed and returned.
P.o.6t� 3DY�
Mailing Appraee US 7_72U t_ /
Blotter
'ru�auda ks. G�L44 ���
City State ZIP
Slpnaturo
C.310 53(c -271n2-7 -
Tetept TWO .r ;
VBid Number 1077
SPECIFICATIONS
Purchasing Department
City of Denton, Texas
Page 4 of
This bid is for the purpose of determining the daily rate for the equipment and
operators for the street reconditioning process, including heater scarification and
profiling of specified City of Denton streets.
All work will be performed under the general"direction of the City of Den-
ton Street Department, James Corbin,.Street Superintendent.
The projects are made up of several individual street reconstruction projects and
will vary in number of days necessary to complete. However it is the intent of this
bid to establish prices, terms and conditions that -must be held firm for one year
from date of award.
The Following terms and conditions shall prevail:
1. The bidder must furnish the listed equipment as a minimum. The City staff
may determine that additional equipment is necessary to maintain a sufficient
schedule; and the contractor must agree to supply such equipment as requested.
A. Heater - truck mounted, radiant heat, propane fired, 12' x 211' insulated .`
oven.
B. Heater Scarifier - truck mounted, radiant heat, propane fired, 12' x 24,
Insulated oven, carbon tipped teeth scarifier.
C. Distribution Mixing Recycler - meter liquid, (2) carbide tooth mixing
drums, reversible augers, vibetory screed.
D. Laydown Machine - barber green SA150 or equal
E. Pneumatic Roller - Class B roller w/water
F. Tandom Steel Stoller - 10-12 ton w/water
G. Milling Machine - track type caterpillar 450 or equal
H. Liquid Tanker - 6,000 gallon capacity minimum
I. Pickup Boom - Mobile Tg# or equal
J. • Water Truck - 1,000 gallon capacity w/pump capabilities
2. Bidder must furnish full time on site supervision with full decision making
authority concerning time sheets, equipment, and operators. This supervisor
must be able to work with and under .the general direction of the City
of of Denton staff and is responsible for giving -specific instructions
to his operators without interrupting the work of equipment commit--`�
ted to this project.
3. Bidder mustagreeto work five (5') days per -week, Monday through
Friday, approximately 8.hours per day and maintain maximum produc-
tivity and efficiency throughout the course of this project.
2839s
Bid Number 1077 SPECIFICATIONS
Page 5 of
Purchasing Department
City of Denton, Texas
4. Bidder must agree to assist City of Denton Street Department personnel as
directed within reason and within normal expectations of the equipment.
5. The actual amount paid will be based solely upon the number of days worked
for each piece of equipment. The City will pay for actual days worked at the
rate bid.
6. A work day is defined as eight (8) hours per day. Variances over or under
this ,defined time period will be prorated on an hourly rate agreed upu t: py the City of Denton Street Superintendent and the successful contractor.
7. Equipment committed to this project will not be removed from the,work site while the particular phase to which it is assigned is underway without the
specific approval of the City of Denton Street Superintendent.
8. Successful bidder must have all listed equipment available to move on to the,
job site and begin work three (3) working days after receipt of notification
to begin.
9. Successful bidder must be able to submit references of previous work performed in this type of project if requested. The City of Denton staff
reserves the right to determine the bidders qualifications for this project
and to accept or reject the bids based on the bidders ability to perform the
work.
10. Invoices will be paid upon completion of specified projects. It is the intent of the City to issue checks within ten (10) days of receipt of the
invoice and acceptance of the work performed.
11. Payment and performance bonds must be submitted in minimum amounts of $100,000 and renewable for additional increments in like amounts as
additional increments are assigned.
12. The attached contract forms, payment bond, performance bond and insurance
certificate must be completed and returned to the City of Denton in no more
than ten (10) days after notification of bid award.
13. A pre -bid. conference will be held February 28, 1990 at 9:00 a.m. in Purchasing Department Conference Room located at 901-B Texas Street, Denton Texas.
14. The City of Denton will furnish the necessary support staff, traffic control and associated equipment needed to complete each project.
15. The successful bidder agrees to furnish all fuel and maintenance for the
rented equipment as well as all payroll, insurance and benefits for the
operators.
16. The City of Denton will furnish the propane fuel necessary for the operation
of the heat related equipment.
2839s
CITY OF DENTON
MINIMUM INSURANCE REQUIREMENTS
INSURANCE•
Without limiting any of the other obligations or liabilities Contractor, the Contractor shall provide and of the
maintain until the contracted
work and/or material has been completed/delivered and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Satisfactory certificate(s) of insurance shall be filed with the Purchasing
Department prior to starting any construction work or activities to deliver
material on this Contract. The certificate(s) shall state that thirty (30)
days advance written notice will be given to the Owner before any policy
covered thereby is changed or cancelled. The bid number and title of the
Project should be indicated, and the City of Denton should also be listed on
all policies as an additional named insured. To avoid any undue delays, it is
worth reiterating that:
o Thirty (30) days advance written notice of material
cancellation shall be given, change or
o The City of Denton shall be an additional named insured on all
Policies.
I. Workmen's compensation and Employer's Liability. This in shall
protect the Contractor against all claims under applicable workmen's compensation laws. The Contractor o be protected
state
shall als against claims for injury, disease, or death of employees which, for
any reason, may not fall within the provisions of a workmen's
compensation law.
The liability limits shall not be less than:
o Workmen's Compensation - Statutory
o Employer's Liability - Statutory
II. Comprehensive Automobile Liability. This insurance shall be written in
comprehensive form and shall protect the Contractor against all claims
for injuries to members of the public and damage to property of others
arising from the use of motor vehicles licensed for highway use,
whether they are owned, nonowned, or hired.
The liability limits shall not be less than:
o A combined single limit of $1,000,000
III. Comprehensive General Liability. This insurance shall be written in
comprehensive form and shall protect the Contractor against all claims
arising from injuries to members of the public or damage to property of
others arising out of any act or omission of the Contractor or his
agents, employees or subcontractors.
CI-1
Insurance Requirements
page two
To the extent that the Contractor's work, or work under his direction,
may require blasting, explosive conditions, or underground operations,
the comprehensive general liability coverage shall contain no exclusion
relative to blasting, explosion, collapse of buildings; or damage to
underground property.
The liability limits shall not be less than:
o A combined single limit of $1,000,000
IV. Owner's Protective Liabiliti Insurance Policy.This insurance shall
provide coverage for the Owner.and its employees, in the name of the
City of Denton, for liability that may be imposed arising out of the
work being performed by the Contractor. This also includes liability
arising out of the omissions or supervisory acts of the Owner.
Although this insurance is strictly for the benefit of the Owner, the
Contractor is responsible for obtaining it at his expense.
The liability limits shall not be less than:
o A combined single limit of $1,000,000
INSURANCE SUMMARY: -
The Contract shall provide insurance to cover operating hazards during the
Period of placing the facility in operation and during testing, and until such
time as the facilities are completed and accepted for operation by the Owner
and written notice of that fact has been issued by the Owner. Approval of the
insurance by the Owner shall not in any way relieve or decrease the liability
of the Contractor hereunder. It is expressly understood that the Owner does '
not in any way represent that the specified limits of liability or coverage or
Policy forms are sufficient or adequate to protect the interest or liabilities
of the Contactor.
Again, the Owner shall be given a certificate of insurance indicating that all
of the above policies and the appropriate limits are indeed enforced. The
certificate shall also indicate that the Owner will be given at least thirty
(30) days written notice of cancellation, non -renewal, or material change of
the required insurance coverage. All responsibility for payment of any sums
resulting from any deductible provisions, corridor or self -insured retention
conditions of the policy or policies shall remain with the Contractor. The
Contractor shall not be in any work until the Owner has reviewed and approved
the insurance certificates and so notified the contractor directly in
writing. Any notice to proceed that is issued shall be subject to such
approval by the Owner.
CI-2
01/13/87
SPECIAL CONDITIONS
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.
ACKNOWLEDGEMENT:
DUSTROL, INC.
D.T. DANKERT, PRESIDENT
CI-3
��•ci,�•e:o unt.,Lnivn, UVubLHSJ .3tb-f(J-1Li�'L'
CERTIFICATE OF 1MSURARM
CITY OF OEMTOM
P.2
me and Address of Agency
Q Ilaway.u .nnnlaas & Associates Inc
P O Box 310
Augusta, KS 67010 p�,y 316-775-1121
me and Address of Insuradi
Dustrol, Inc.
P 0 Box 308
Towanda, KS 67155 .phom 316-536-2262
City of Denton Refarenos:
Project Nana; Bid 111077
Project No,
Project LwationJ
Managing Dapt:
Carponles Affording Coverage,
A USF&G
a Hartford Insurance
C
1. This Is to oortify thet pollclas of,losww"m Ilsted below hwm Wm Issued and are in force at this time,
t ..
Tvpe of EwpIratlon Llelts of Liability
lnsaranom Paliw Rtwhor n.+. I_ x
l �"givID l umm al Liability
1MP11857164
00
wiw�
Oc�urrenc
- Clalna Made (sea n-reveryv
1/1/91
Bodily Injury
f
Broad Fora to Include,
- Premises/Operations
Property Damege
;
Independent Controchxs•—
s/ed CopletOperations
Injury
Bodily injury and Property
Contractual Llabltlty (sea !1-raverwo
D41nAQ* CwbInw
;
Explosion
General-Aggregate
Products/Comp Ops Aggre
2,000,001
to 2,000,
- datard
Underground
grouned Hazard N
Fl ��IIty Co~sga
- Broad Form PropertyOwego,#�w
Personal & Advertising
Injury
1,000,004
- Professional Error$/Omissions
-(
- occurrence
claims mrde (s„e �2-rev+rae)
Fire DamaXge(Any One Fir)
50,00(
Meoi alerSn/pense(Any One
5 00C
_1_-•
1 elm w Antamobl le
Ll�ahl I Ity
IAB12542512
00
Bodily Injury/Person
;
y)6+n1d/La*xed Autonobllea
1/1/91
Bodily Injury/Accident
s
-
Property Oa,roge
-.~
s
X)Ila,-owned utomobIIas
XXlired Wlanobtles
Bodily Injury/Property
Oamage Combined
$ 750,000
1 - a. C L it". �
1 Liability
17WZAJ20B1
1/1/91
Statute Amount
ry
100,0001
500,000/
iknbre"Ta°L
ability
ULC125425168
0
$2,000,000 Each Occurrence
111191
2,000,000 Aggregate
-,fprgon or
7 and address of Grl lfl�tate �toly ry t4y
der.
CIIY CP LFNI(N, 1F�(A$
PIFCMSi19G A(M
gore mlo sr
N13n 01" WOTK*yrd,Q44,1•th%'Y1CJwred as Its Interest may
130323600 applies to State of Texas
615190
CONDITIONS
I111 YY • 1 ►" Ih01 r.' 1- • u • _••• :• ••• . c .a -
• :nr • - 1 ••- • .•• • • r an- -: w •
NO= OF C••.L1 M(N: Prior to any rraterjal or cmxn atirn• the City cC
Denton will be given 30 days advaze Written mUce Filed to the stated address of the
Cm tiflcate FbIder, City oC Denton.
Ca1• •' •• v e: (Ldability
.s Ili• bY contract or .. Deli
`` =moe under CcWret�ve General
-• n . •- •- 1 w •1 •. •
.. c •-• i . •1
•• . - • obligations mjm
• r • • r• in the referenced•
• • r1 :•a g• i rning
contract.
2- CUM MW POLX"1 FUK- Required
period of omqer,*p will be detennined by the
f0llu,mg famila:• w • .
•• 6 the life of the contz-act, p1m cm
rl 13• • •• •• .. •the
%Wrmq •L ••
-theend
•- •• • III III II C mi
11.1 begin r' 1
involve the ocapyr-7,
to cover U�, contents
(where applicable) and permanegUy Installed
• r r •1 •mr•.• is
caisedby •• Peml of
••c _lw• . .' the omumctcr.ur
•.' linhility is to be a minimm •,
Q-4