Loading...
1998-002 O IN, CENO qY"Ot .. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR FEED WATER HEATER TUBE REPLACEMENT TO YUBA HEAT TRANSFER DIVISION, IN THE AMOUNT OF $ 58,945 00, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID #2139-FEED WATER HEATER TUBE REPLACEMENT) WHEREAS, the City has solicited, received and tabulated competitive bids for the constructiOn ofpubhc works or maprovements m 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 m the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS T~uqLTI.Q_hLI That the following competitive bids for the construction ofpubhc works or improvements, as described in the "Bid Inmtattons", "Bid Proposals" or plans and specifications on file m the Office of the City's Purchasing Agent filed according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID n v OUNT 2139 YUBA I-IEAT TRANSFER DIVISION $ 58,945 00 ~ 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 constructxon of such public works or improvements hereto accepted and approved, until such person shall comply w~th all reqmrements specified xn the Notice to Bidders including the timely executxon of a written contract and furnishing of performance and payment bonds, and xnsurance certificate after notfficatlon of the award of the bid ~ That the Clty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or amprovements m accordance with the blds accepted and approved hereto, provided that such contracts are made m accordance w~th the Not~ee to B~dders and Bid Proposals, and documents relating thereto speclfyang the terms, conditions, plans and specifications, standards, quantities and specified sums contained therem ~Q.T.I_Q.!~J_[~ That upon acceptance and approval of the above competat~ve bids and the execution of contracts for the pubhc works and ~mprovements as authorized hereto, the C~ty Cotmcfl hereby authonzes the expenditure of funds m the manner and m the amount as specified m such approved b~ds and authorized contracts executed pursuant thereto ~ That tins ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the (~.~(~-~-~ day of ~./~--- , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ATTACHMENT # 1 TABULATION SHEET BID # 2t39 BID NAME FEED WATER HEATER YUBA PES HAMON TEl TUBE REPLACEMENT HEAT PINGLE POWER THERMAL TRANSFER EXHCHANGE SERVICE EING SERVICE INT DATE 2.Dec-97 I RETUBE, BASE BID $42,946 00 $46,925 00 $44,840 0(~ $53,022 00 2 TUBE CAGE REPAIR $t6,000 00 $16,000 0O $16,000 0(~ $t6,000 00 3 TOTAL EVAULATED $58,945 00 $62,926 00 $60,840 00 $69,022 00 CONTRACT AG T o, CO=T O, O=TO THIS AGREEMENT, made and entered into this $ day of JANUARy A.D., 19 98 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and YUBA HEAT TRANSFER DIVISION P.O. BOX 3158 · ,'un~A. QK 74101-3158 of the City of ~.~a , County of TULSA and State of OKLAHOMA , hereinafter termed "CONTRACTOR." 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 attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 2139 - FEED WATER HEATER TUBE ~PLAC~2~ENT in the amount of $58r945-00 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 ell 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 Agraement, 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 written explanatory matter thereof, and the Specifications therefore, as prepared by ~T~QFDENTON ~.R~TRIC PRODUCTION DEPARTMENT all of which are made a part hereof and collectively evidence and constitute ~he 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, 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 ~njury 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 9f 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 tame 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 th~s contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have execute~ this agreement in the year and day first above written. ATTEST: ~ (SEAL) ATTEST: TI'1T,,qA: nk'T,A~'(3MA 7~1 ~1 -'%1 ~fl MAILING ADDRESS 918-234-6000 PHONE NUMBER 91 FAX NUMBER  LEcFo/Controller PRINTED NAME APPROVED AS TO FORM: (SEAL) City Attorney / AAA0184D Rev. 04/05/96 CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It IS highly recommended that bidders confer with their respective ,naurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to malnta,n throughout the course of this contract. STANDARD PROVISIONS: W~thout I,mlt;ng any of the other obligations or liabll,tms of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the C,ty of Denton, Owner, the minimum insurance coverage as ~ndmated hereinafter As soon as practicable after notlf, catlon of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of ~nsurance, conta~mng the b~d number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any time, however, Contractors are strongly adwsed to make such requests prior to bid opemng, since the insurance requirements may not be modified or waived after opemng unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance policies proposed or obtained in satisfaction of these requirements shall comply w~th the following general spemflcatmns, and shall be maintained compliance with these general specifications throughout the duration of the Contract, or longer, if so noted · Each policy shall be ~asued by a company authorized to do business ~n the State of Texas with an A M Best Company rating of at least "A" · Any deductibles or self-~nsured retentions shall be declared ~n the b~d proposal If requested by the City, the ~nsurer shall reduce or el,m~nate such deductibles or self-insured retentions with respect to the City, ~ts AAAO0350 REVISED 10112/94 CI - 1 Insurance Requirements Page 2 offlcmls, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim 8dm~mstrat~on and defense expenses · Lmb~hty pohcJes shall be endorsed to provide the following · ® Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers · · That such ~nsurance ~s primary to any other ~nsurance available to the additional ~nsured w~th respect to claims covered under the pohcy and that th~s ~nsurance apphes separately to each ~nsured against whom claim ~s made or su~t ~s brought The inclusion of more than one ~nsured shall not operate to ~ncrease the ~nsurer's hm~t of hab~hty · All pohc~es shall be endorsed to prowde thirty(30) days prior written not,ce of cancellation, non-renewal or reduction ~n coverage · Should any of the required ~nsurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, w,thout lapse, for a penod of three years beyond the contract expiration, such that occurrences arising dunng the contract term which g~ve ns· to claims made after expiration of the contract shall be covered · Should any of the required ~nsurance be prowded under a form of coverage that includes a general annual aggregate hm~t prowd~ng for claims ~nvest~gat~on or legal defense costs to be ~ncluded ~n the general annual aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective L~ab~hty Insurance · Should any required ~nsurance lapse dunng the contract term, requests for payments ongmatJng after such lapse shall not be processed until the C~ty receives satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If insurance ~s not reinstated, C~ty may, at ~ts sole option, termlnate th~s agreement effective on the date of the lapse AAA00350 REVISED 10/12194 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance pohmes proposed or obtained ~n satisfaction of thru Contract shall add~t~onelly comply w~th the following marked spemflcat;ons, and shell be maintained ~n comphance with these additional spemflcatlons throughout the duration of the Contract, or longer, ~f so noted' [X] A General Liability Insurance. General Lmb~hty ~nsurance w~th combined s~ngle hm~ts of not less than $1,000,000 shall be prowded and ma;nta~ned by the contractor The pohcy shall be wntten on an occurrence bas~s either ~n a s~ngle pohcy or ~n a combination of underlying and umbrelle or excess pohcms If the Commermal General L~ab~hty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual Imbd~ty covenng th,s contract and broad form property damage coverage · Coverage B shall ~nclude personal ~njury · Coverage C, medical payments, ~s not requ,red If the Comprehensive General L,ab;hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least · Bod;ly ;njury and Property Damage Lmb~hty for prem;ses, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab~hty (preferably by endorsement) covenng th~s contract, personal ~njury hab~hty and broad form property damage hab~hty AAA00350 3 Insurance Requirements Page 4 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile L~ablhty ~nsurancs w,th Combined Single Limits (CSL) of not less than $500,000 00 either ,n a single policy or ~n a combination of basic and umbrella or excess policies. The pohcy will ~nclude bodily ~njury and property damage liablhty arising out of the operatIon, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Sat~sfact,on of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos IX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, m addition to meeting the mlmmum statutory requirements for ~ssuance of such ~nsurance, has Employer's L~ab~l~ty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy limit for occupational d~sease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the prows~ons of Attachment 1 ~n accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensatmn Comm~ssmn (TWCC) [ ] Owner's and Contractor's Protective L~ab,hty Insurance The Contractor shall obtaIn, pay for and maintain at all t~mes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Llabdlty insurance policy naming the C~ty as ,nsured for property damage and bodily injury which may arise m the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00360 REVISED 10112/94 4 Insurance Requ,rements Page 5 "occurrence" bas,s, and the pohcy shall be ~ssued by the same insurance company that carnes the contractor's hab,l,ty ~nsurance Pol,c¥ hm,ts w~ll be at least comb,ned boddy ,njury and property damage per occurrence w,th a aggregate [ ] Fire Damage Legal Liability Insurance Coverage ,s requ,red ,f Broad form General Lmb~ht¥ ~s not prowded or ~s unava,lable to the contractor or ,f a contractor leases or rents a portmn of a C,ty bu,ld,ng L,m,ts of not less than each occurrence are requ,red [ ] Professional Liability Insurance Professional hab~l,ty ~nsurance w~th hm~ts not less than per cla,m with respect to neghgent acts, errors or om,ss~ons ~n connect,on w~th profess,onal serv,ces ~s requ,red under th~s Agreement [ ] Builders' Risk Insurance Budders' R,sk Insurance, on an AII-R,sk form for 1OO% of the completed value shall be prowded Such pohcy shall ~nclude as "Named Insured" the C,ty of Denton and all subcontractors as the,r ~nterests may appear [ ] Additional Insurance Other insurance may be required on an ~nd,v,dual bas~s for extra hazardous contracts and specific service agreements If such addit, onal insurance ~s required for a spec,ftc contract, that requ,rement w~ll be described ~n the "Spec,ftc Cond,t, ons" of the contract spemflcat~ons AAA00350 REVISED 10/12/94 C~ - 5 Insurance Requirements Page 6 ATTACHMENT 1 IX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Deflmtlons Certificate of coverage {"certlflcate")-A copy of a certificate of ~nsurance, a cert;flcate of authority to self-~nsure issued by the commms~on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or ent;ty'e employees prowd~ng serwces on a project, for the durat;on of the project Duration of the project - ~ncludes the t~me from the beglnmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental ent;ty Persons prowd;ng aery,cee on the project ("subcontractor" ~n §406 096) - includes all persons or entlt;es perform;ng all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d;rectly w~th the contractor and regardless of whether that person has employees This ;ncludes, w~thout hm~tat~on, ~ndependent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide serv;ces on the project "Serwcea" Include, w~thout hm~tat~on, providing, hauhng, or dehvenng eqmpment or matenals, or providing labor, transportat;on, or other serwce related to a project "Services" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable to;lets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowd~ng serwces on the project, for the duration of the project AAAO0350 6 REVISED 10/12/94 ~1 Insurance Requ,rements Page 7 C The Contractor must prov,de a certificate of coverage to the governmental entity pnor to being awarded the contract D If the coverage per,od shown on the contractor's current cert, flcate of coverage ends dunng the duration of the project, the contractor must, pnor to the end of the coverage period, file a new cert,flcate of coverage w~th the governmental entity show,ng that coverage has been extended E The contractor shall obtain from each person prov,dmg serv,ces on a project, and provide to the governmental entlty (1) a certificate of coverage, pr,or to that person beg,nmng work on the project, so the governmental ent,ty w~ll have on file certificates of coverage show,rig coverage for all persons prov,d~ng serv,ces on the project, and (2) no later than seven days after receipt by the contractor, a new cert, flcate of coverage show,ng extens,on of coverage, ~f the coverage per,od shown on the current certificate of coverage ends dunng the durat, on of the project F The contractor shall reta,n all requ,red cert,flcates of coverage for the duration of the project and for one year thereafter G The contractor shall not~fy the governmental ent,ty ~n wnt,ng by cart,fled mall or personal dehvery, w,th~n 10 days after the contractor knew or should have known, of any change that matenally affects the prov,s~on of coverage of any person prov,d,ng serv,ces on the project H The contractor shall post on each project site a notice, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nform,ng all persons prov,d~ng serwces on the project that they are requ,red to be covered, and stating how a person may verify coverage and report lack of coverage AAA00360 7 REVISED 10/12/94 Insurance Requirements Page 8 h The contractor shall contractually reqmre each person w~th whom ~t contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fll~ng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1 (44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person begmmng work on the project, a certificate of coverage showing that coverage ~s being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage penod, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom It contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage per~od, ~f the coverage penod shown on the current certificate of coverage ends durtng the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity ~n wntlng by certified mall or personal delivery, within 10 days after the person knew or should have known, of any change that matenally affects the prowslon of coverage of any person prowd~ng services on the project, and ^AAO0350 CI - 8 REVISED 10/12/94 Insurance Requirements Page 9 (7) contractually require each person with whom ~t contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing serv,ces J By slgmng this contract or providing or causing to be provided a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate insurance carrier or, in the case of a self-~nsured, with the commission's Division of Self-Insurance Regulation Prowdlng false or m~sleadlng ~nformatlon may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions ~s a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach w~thln ten days after receipt of notice of breach from the governmental entity ^^^oo35o CI - 9 Yuba PO Bm 3158 Heat Tulsa, OK 74101 3158 Transler 918 234 6000 Yuba November 26, 1997 Purchasing Department C~ty of Denton 90 lB Texas Street Denton, Texas 76201 Sub3ect Feedwater Heater Tube Replacement B~d Number 2139 Yuba Proposal SQ-0640-97 Gentlemen We are pleased to submxt our proposal to replace the tuinng ~n your H P Heater 5-4, located at Mumc~pal Electric Generating Statxon The tuinng would be replaced on a tube for tube bas~s usxng 3/4" OD SA-688-TP304N material ~n heu of the eyast~ng 70-30 CuN~ maternal Please note that the thermal performance of the retubed heater w~ be negatively affected by the change to stmnless steel tubing A completed copy of your "B~d Proposals" forms hsUng pricing and dehvery ~s enclosed The proposal xs based on the following I Removal of the tuinng from the tube bundle cage occurnng w~th normal anticipated effort Tins ~s not always the sxtuat~on when exfohatxon m present 2 Reusxng exxstmg bolting 3 Provxdmg a new pass partition gasket 4 Remachmmg of the shell flange gasket surface has not been included 5 Scrap materials become the property of Yuba Credit for these has been xncluded ~n the quoted price TELECOPY #918-234-3345 or 918-234-1010 TELEX #49-2464 6 The cost of a Payment and a Performance Bond has been ~ncluded ~n the pricing as required by your Addendum #! 7 The proposal includes provxdmg a new channel rebel valve, m heu of your exxstmg one The new valve would be a Crosby 3/4" x 1" Model 951101MD Your ex~st~ng valve ~s an obsolete model and the only replacement parts would be recond~txoned from the original It m ant~cxpated that the cost of the reworked/reparred valve would approach that of a new valve A chart showing the work required and the t~me reqmred to complete ~t xs enclosed Also enclosed are cop~es of our ASME Code cerV_ficates Warranty covenng materials and workmansMp provided by Yuba shall extend for a period of one (1) year after acceptance of the equipment by the Owner In no event shall e~ther party be hable to the other for consequential, special or ~ncxdental damages ams~ng ~n any way out of the performance of th~s contract We w~sh to thank you for tlus opportumty to be of assistance to you on thxs project Please feel free to call upon us for further clarrficat~on should the need arise Very truly yours, TRH/cp cc S Naffeh Longhorn F~le TELECOPY ~918-234-3345 or 918-234-1010 TELEX ~49-2464 Yuba PO Boo( 3158 Heat Tulsa, 01( 74101 3158 Transfer 918 234 6~00 Yuba Tube Bundle Rebmld C~ty of Denton, TX B~d Number 2139 Yuba Proposal SQ-0640-97 Task Name Duration Open Channel/Prepare for Retube 3 Days Remove Tube Plugs I Day Remove Tubes 4 Days Clean & Inspect Parts to be Reused 2 Days Repair Seal Weld Surface 1 Day Install & Expand Tubes 3 Days Install Shrouds & Test Covers/Close Channel 5 Days Hydrotest Tubes~de 1 Day Sh~p 1 Day Alternate Replace Bundle Cage 15 Days Tube Dehvery - Approx 16 Weeks ARO TELECOPY ~918-234-3345 or 918-234-1010 TELEX ~49-2464 BID NUMBER 2139 BID PROPOSALS Page 2 of 2 City of Denton, Texas 901 B Texas EL Purchasing Deparlment Oenton, Texes 76201 ITEM DESCRIPTION QUAN PRICE AMOUNT l. Re,ubs ~5 - l~our [~eed ~ater Rester/spec less ITI.A.9 I ~2.65§.0~a. ~2.655., 2. Addicio~l Cost To Replace Portions Of Tube Ca§e/III.A.9 1 ~LS.095.0~a.$15.095.( 3. Inspect Tube Sheet/Channel(up to including III.A.5) I ~10.965.~a.$10.965,1 4. Gaskets, Chnnnel To Shell- FOB City of Denton, TX 2 ea $145.00ea.$290.00 TOTALS we quote the above f o b delivered to Denton, Texas Shipment can be made inlS T4eeks~l~from receipt of order Terms netl30 unless otherwise indloated 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 conetltues a contract The completed Bid Proposal must be properly priced, signed and returned mm CERTIFICATE The TUV-Zertifizierungsgeme~nschaft e V hereby certifies that Yuba Heat Transfer 2121 North 161 East Avenue Tulsa, OK 74101-3158 / USA has estabhshed and apphes a quality system for Design, Marketing and Manufacture of Heat Transfer Equmpment An audit was performed, Report No 24011217 Proof has been furnished that the requirements according to DIN ISO 9001 / EN 29001 are fulfilled The cerbflcate ~s vahd untd March 1998 Certificate Registration No 12 100 5610 Bonn, March 30, 1995 ~~ -- TOV TUV OERT Executive Boar~ ~-k~ Cl~'~o~o~yy ( TUV BAYERN SACHSEN of TUVBayernSachse. THE NATIONAL BOARD OF BOILER AND PRESSURE VESSEL INSPECTORS Certificate of Authorizatzon Number- R 367 THIS IS TO CERTIFY that YUBA HEAT TRANSFF. R DMSION 2121 N 1615TE AVE TULSA, OKLAHOMA 74116 ts hereby authorized to use the Repair Symbol of The National Board of Boiler and Pressure Vessel Invpectors for "NATIONAL BOARD CODE REPAIRS AND/OR ALTERATIONS AT THE ABOVE LOCATION AND EXTENDED FOR FIELD REPAIRS AND/OR ALTERATIONS CONTROLLED BY THIS LOCATION" tn accordance wtth the apphcable rules of The Naaonal Board of Boiler and Pressure Vessel Inspectors The use of the Repatr symbol and the authonty granted by this Cernficate of Authortzatton are subject to the provtstons of the agreement set forth tn the apphcatton Any repatr stamped wtth thts symbol shall have been made ttnctly tn accordance wtth the provtstons of the Natwnal Board Inspectzon Code THIS AUTHORIZdTION tssued or renewed on May 15, 1995 and exptres on June 8, 1998 by THE NATIONAL BOARD OF BOILER AND PRESSURE VESSEL INSPECTORS CERTIFICATE OF AUTHORIZATION TMs certificate accredits the named company as authorized to use the indicated symbol of the American Society of Mechanical Engineers (ASME) for the scope of achwty shown below ~n accordance w~th the apphcable rules of the ASME Boder and Pressure Vessel Code The use of the code symbol and the authority g~anted by tMs Cerhficate of Authorlzahon are sublect to the prows~ons of the agreement set forth ~n the apphcahon Any construchon stamped w~th this symbol shall have been budt strictly ~n accordance w~th the prov~sions of the ASME Boder and Pressure Vessel Code COMPANY YUBA HEAT TRANSFER DIVISION 2121 N 161 E AVENUE TULSA, OKLAHOMA 74116 SCOPE POWER BOILERS AT THE ABOVE LOCATION AND FIELD SITES CONTROLLED BY THIS LOCATION ALJTHORIZED APRIL 17, 1995 EXPIRES JUNE 4, 1998 CERTIFICATE NUMBER i1,179 SYMBOL S CHAIRMAN O~ THE BOILER j AND PRESSURE VESSEL COMMITTEE ® D~RECTOR ACCRED'T,~TION AND C£R,,rI,~AT 8/OB/~? 'oB/g$ ~Mu *See CO01 ~)~IB'¥JlDIJ.rI~-V(IP.X 0C09 T'CZ $T6 T 'XV&'T~C ~ ~HLT, 96/OZ/TO ~)~,Yi~EI~ B OiN-D K05877672 THE STATE OF TEXAS ' COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That YUBA HEAT TRANSFER DMSION whose address xs P.O. BOX 3158, TULSA, OK, 74101-3158, heremailer called Pnnc,pal, and Insurance Cc, ap,ny of North Amerxca , a corporation orgamzed and ex~st,ng under the laws of the State of TEXAS, and fully anthonzed to transact bus,ness ~n the State of Texas, as Surety, are held and fimaly bound unto the C,ty of Denton, a mumc,pal corporat,on orgarnzed and ex,sting under the laws of the State of Texas, here~naiter called Owner, and unto all persons, firms, and corporatmns who may furmsh materials for, or perform labor upon, the bmldmg or ,mprovements here,nailer referred to, ,n the penal sum of FIFTY EIGHT THOUSAND NINE HUNDRED FORTY FIVE and no/100 ($58,945.00) ,n lawful money of the Umted States, to be paid ,n Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our heirs, executors, adm,mstrators, successors, and assigns, jo,ntly and severally, firmly by these presents Tbns Bond shall automat,cally be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract price, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of flus Bond THE OBLIGATION TO PAY SAME ,s condmoned as follows Whereas, the Pnnclpal entered into a eertaan Contract, ,dent~fied by Ordinance Number 98-00:2, w,th the C,ty of Denton, the Owner, dated the 6 day of JANUARY, A D 1998, a copy of winch ,s hereto attached and made a part hereof, for BID # 2139 - FEED WATER HEATER TUBE REPLACEMENT. NOW, THEREFORE, ffthe Pnncapal shall well, truly and faithfully perform ,ts dutaes and make prompt payment to all persons, firms, subcontractors, eorporat,ons and claimants supplying labor and/or material m the prosecut,on of the Work prov,ded for m said Contract and any and all duly authorized mod,fieatlons of smd Contract that may hereailer be made, notice of winch modlficatmns to the Surety being hereby expressly waived, then flus obllgat,on shall be otherw, se ~t shall remain ,n full force and effect PROVIDED FURTHER, that ~f any legal actmn be filed on flus Bond, exclusive venue shall he ,n Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby st,pulates and agrees that no change, extens,on of tune, alterat,on or addmon to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Spee~ficatmns, Drawings, etc, accompanying the same, shall ,n anyw,se affect ,ts obi,gat,on on flus Bond, and ,t does hereby waive not~ce of any such change, extension oft~me, alterat,on or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficatmns, Drawings, etc Tins Bond ,s §~ven pursuant to the provmlons of Chapter 2253 of the Texas Government Code, as amended, and any other ,ppi,cable statutes of the State of Texas PAYMENT BOND - Page 1 The undermgned and demgnated agent 18 hereby demgnated by the Surety hereto as the Remdent Agent m DENTON County to whom any reqmmte notices may be dehvered and on whom semnce of process may be had m matters arising out of such suv~,sbap, as prowded by Amcle 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, tins mstrument m executed m 4 copies, each one ofwluch shall be deemed an original, tins the 6 day of JANUARY 1998 ATTEST PRINCH~AL Yuba Heat Transfer Dlvlslon of Connell SECRBTAllY John R McCutchen ATTEST SURETY Insurance Cc~pany of North America Laurie McLaughlln Laurze McLau~l~n The Remdent Agent of the Sure~7 m Denton County, Texas for dchvery ofnot~ce and serv,ce of the process m NAME STRJ~ETADDRESS~711 North Haskell Avenue, Suzte 809, Dallas, TX 75204 (NOTE Date of Payment Bond must be date of Con~ract IfRemdent Agent is not a corporation, g~ve a nerson's name ) PAYMENT BOND - Pa~e 2 ha~ hor~unto subscribed h~s muno and affixod ~o ~ ~ of~ smd e 1~7 ~S~CE COMPLY OF NOR~ AM~CA ', aNo~ ~bjlo of~ Co~onw~ of Pen~ylv~ia m ~d br ~e C~n~ of Phil~lphla r NORTH ~CA ~ mo p,~n~ly ~own W b~ ~ lndl~d~ ~d offi~ who ~o s~ ~d ~ ~ scm ~x~d ~ ~ p~dmg m$~nt la ~o co~o~ i ~e au~odW ~d di~otmn of~ smd w~ration, ~d ~ ~somflon, ~op~ now m for~ lhaw ho~un~ ~ my ~d ~d ~xed ~ offiot& se~ at ~o C~W of Phfl~elphia ~e day ~d ye~ tint a~v~ PERFORMANCE BOND K05877672 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That YUBA HEAT TRANSFER DMSION whose address is P O BOX 3158, TULSA, OK 74101-3158, hereinafter called Principal, and Insurance Ccgq~clny of North Amerxca , a corporation orgamzed and exlstmg under the laws of the State of TEXAS, and fully authorized to transact busmess in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporation orgamzed and exmtmg under the laws of the State of Texas, hereinafter called Owner, m the penal sum of FIFTY EIGHT THOUSAND NINE HUNDRED FORTY FIVE AND no/100 - ($58,945.00) plus 10 percent of the stated penal sum as an adchtional sum of money representmg adchtional court expenses, attorneys' fees, and hqmdated damages ansmg out of or connected with the below identified Contract, m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admini- strators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of flus Bond THE OBLIGATION TO PAY SAME is conditioned as fullows Whereas, the Pnnclpal entered into a certmn Contract, identified by Orchnance Number 98-002, with the City of Denton, the Owner, dated the 6 day of JANUARY A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2139 - FEED WATER HEATER TUBE REPLACEMENT. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertalongs, covenants, terms, conditions and agreements of said Contract in accordance wath the Plans, Specifications and Contract Documents dnnng the onginal term thereof and any extension thereofwhtch may be granted by the Owner, w~th or wathout notice to the Surety, and dunng the life of any guaranty or warranty required under flus Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, condmons and agreements of any and all duly anthonzed modlficahons of smd Contract that may hereafter be made, notice of which modafications to the Surety being hereby wmved, and, if the Principal shall repau: and/or replace all defects due to faulty materials and workrnanshtp that appear wtthm a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnclpal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur m making good any default or deficiency, then flus obhgahon shall be void, otherwise, tt shall remain m full force and effect PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas PERFORMANCE BOND - Page 1 AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of Ume, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speefficatlons, Drawings, etc, accompanying the same, shall m anywme affect its obhgataun on tlus Bond, and it does hereby waive notice of any such change, extension of tmae, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the pmwmons of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom service of process may be had m matters arising out of such suretysbap, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, flus mstrument is executed in 4 copies, each one ofwtuch shall be deemed an original, this the 6 day of JANUARY 1998 ATTEST' PRINCIPAL Yuba Heat Transfer Dlvlszon of Connell Lnnlted Par tnershzp SECRETARY / PRESIDENT John R McOutchen ATTEST, SURETY Insurance Ccmpany of North Amerxca Laurie McLaB~lin c,' Mary Ann Grayson The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service of the process is NAME gDN STREETADDRESS 2711 North Haskell Avenue, Smte 800, Dallas, TX 75204 (NOTE Date of Performance Bond must be date of Contract IfRemdent Agent is not a corporation, give a ~erson's name ) PERFORM3kNCE BOND - Page 2 ¥1cc-Presidcnt, has hereunto subscribed his name and affixed the corporate seal of thc smd day of ~une 1997 INSURANCE COMPANY OF NORTH AMgRICA COMMOm~ ~,~ O~S ~mvm~,A COUNTY OFFPi~I~I~EL~_~IL~ S~ Comp~2~e ~ se~ ~d his si~N wo~ duly ~cd by ~e eu~onW b[~o B~ ~C~m Of ~ ~mp~Y, ~d ~ J~ ~o p~ng ms~ont ts now In ~ ~0~ ~F, I ~w hc~ S~ ~ h~d ~d ~xod my offio*~ seg ~ ~c C~W of Phd~elphm ~o d~ md ye~ fi~t ~vc ~n