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