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1992-180ALLOOO1F ORDINANCE NO. ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVID- ING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the hereln described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S C_~ON I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bld Proposals" attached herto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 1411 ALL SOUTHWEST INDUSTRIAL $34,950.00 CONSTRUCTORS 1415 l&2 POLELINE $23,240 00 1415 3 WESCO $19,950.00 1415 4 TECHLINE $14,034 00 1415 5 PRIESTER $12,660.00 1417 ALL MAGNETEK LABORATORY $25,000.00 SERVICES ~. That by the acceptance and approval of the above numbered items of the submitted bids, the C~ty accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. ~. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his desig- nated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifica- tions, standards, quantities and specified sums contained in the Bld Proposal and related documents herein approved and accepted SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein ~. That th~s ordinance shall become effective imme- diately upon ~ts passage and approval PASSED AND APPROVED th~s~day of ~, 1992 BOB CASTLEBERRY, MAyR~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 DATE OCTOBER 20, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT' BID #1411 - WINDOW REPLACEMENT/VISUAL ARTS RECOMMENDATION: We recommend tins bid be awarded to the low bidder, Southwest Industrial Constructors in the total amount of $34,950 00 SLrA~RY This bid is for labor and materials for replacement of the wood trim and ~vlndow frames at the Visual Arts Center, the existing glass will be reused The original budget for this project was $36,240 00 The project as bid is $1,290 00 below budget estimates Five bids were received in response to Nine that were sent out BACKGROUND' Tabulation Sheet, Letter from Architect Alan Nelson PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED · Facility Management, Citizens Utilizing the Visual Arts Center FISCAL IMPACT: Certificate of Obligation Funds for Building Maintenance #445-032- BLGD-99.11-9101 ~~',/~Re~pectfully Llo~~d V~Har~~l submitted City Manager Prepared by' Name Denise Harpool ~ Title Senior Buyer Approved. Name TomD Shaw, C P M. Title' Purchasing Agent 267 agenda 0 ° ALAN F NELSON' ;'R C H I T E C T Bruce Her Ington ~ .... Director, r aclllty Management City of De ~ton , 21,5 E MC (In.ey Denton, T ~xas 76201 ~ ~ ~ ~VISUAL ARTS CENTER WINDOWS Bruce , I have re ~wed the enclosed five proposals to replace the windows In the Vis~al/Arts~ Center After contactin the Iow bidder~ Southwest ndustrla Constructors about their 14' day cQmpletlon, we d,etermlnE d that this was a misunderstanding on thelr part ?heir Intent on was to Indicate that It would be 14 da~ a from the Notice to Proceed before they could start the job, with their, estimated time to complete' £h!s project at 60 days, However, they understand the need to coordinate the w~ork with the m~hedule 3f,the Visual Art C,ente The orlglr al budget for this project was $36,240 00 This bldJs $1,290 00 below the ~e tlmated cost ~B, ased o~ this Information, I feel that the Iow bidder, Southwest Industrial Construct( ,rs, should he awarded his project If you, have any questlon~, pleas~ ~ontact me at your con,v~nle, n 81ncere, ly ' Alan F N ~lson ~Archltebt ,Denl le Harpool ' ' AFN e.,n ~, ~ , ARCHITEC JR~ [],I , PLANNING Fi Ii~ITEI21©R DESIGN 502 ~W OA ,, DENTO~N, TEXAS 76201 , ~ !i I 817 566~3266 DATE OCTOBER ~.0, 1999- CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1415 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend these bid items be awarded to the low evaluated vendor as follows' ITEM VENDOR TOTAL 1 & 2 POLELINE $23,240.00 3 WESCO $19,950 00 4 TECHLINE $14,034 00 5 PRIESTER $12,660 00 SUMMARY: This bid is for conventional and padmount transformers which will be used through out the Electric Distribution System Ten bids were received in response to twenty two bid invitation mailed BACKGROUND: Tabulation sheet, Memorandum/Evaluation from Glenn Fisher PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Department, Electric Utlhty customers of the City of Denton FISCAL IMPACT: Revenue Bond Funds 1990 account #610-080-0252-9222 the current balance is $1,268,215 40 City Manager Prepared by Title Semor Buyer Name TomD Shaw, C P M Title Purchasing Agent 306 agenda o o o o ~ oo oo oo § § C I~? ~r~T-2 ?:*, '~ 2q ITY of DENTON MUNICIPAL UTILITIES / 9ot-^ Texas Street / Denton, TX 76201 MEMORANDUM To Denise Manmng From Glenn F~sher Date October 1, 1992 ~_ubjoc!_ Did No. 1415. Distribution Transformers Based on the Iow evaluated hfehme operating costs, the Electric Uhhhes Depadment recommends that the folow~ng be accepted J~L~! NO Descnpt~on Vendor Q~o3e._d~_Ec~ gA~e,d_PJlc~ 1 25 KVA OH Xfmrs Polehne $474 00 $9,480 00 2 50 KVA OH Xfmrs Polehne $688 00 $13,760 00 3 150 KVA PMT Xfmrs Wesco $3,990 00 $19,950 00 4 300 KVA PMT Xfmrs Techl~ne $4,678 00 $14,034 00 5 750 KVA PMT Xfmrs Pnester $6,330 00 $12,660 00 See attached sheets for evaluation breakdown and ranking cc Joe Chern R&M 1415 mem Page 1/2 BID NO. 1415 September 15, 1992 25 KVA 120/240 Volt Conventional Overhead D~stnbubon Transformer Debveq/ NLL LL Bid Evaluated Vendor _ Maqufa_c_ture_r _ (~_ e~eks)_ (qore~ (Co#) Prtce Cost _ Polehne Kuhlman 8-9 66 255 $474 00 $6,150 45 KBS Electrical Ermco 8 58 279 $478 00 $6,236 77 Techhne Howard 10-12 77 260 $467 00 $6,297 46 Pnester Cooper 13 60 242 $538 00 $6,419 26 Wesco Westinghouse 9 57 322 $498 00 $6,675 64 Preferred Sales Central Moloney 8 82 273 $505 00 $6,732 19 Temple General Electnc 10-15 61 274 $561 00 $6,828 36 Cummins Un~ted 6-8 56 354 $507 00 $6,957 10 Sesco Sesco 10 85 350 $476 00 $7,131 44 50 KVA 120/240 Volt Conventional Overhead Distnbubon Transformer Debve~y NLL LL Bid Evaluated Vendo£ M_an_ u_f~act_ure_r_ _ ~__eeks) (Core) (C_o#) Price Cost Polehne Kuhlman ..... 9 123 414 ~6~8 00 $9,641 72 Pnester Cooper 13 104 481 $688 00 $9,852 55 KBS Electncal Ermco 5 125 375 $779 00 $10,027 91 Techhne 10-12 131 467 $67800 $10,07295 Preferred Sales Central Moloney 8 95 445 $810 O0 $10,318 85 Temple General Electnc 10-15 105 476 $820 O0 $10,760 02 Cummins Umted 6-8 135 520 $750 O0 $11,023 30 Wesco Westinghouse 9 102 748 $610 O0 $11,215 44 Sesco Sesco 10 160 550 $707 O0 $11,302 18 150 KVA 120/208 Volt Padmount D~stnbubon Transformer Dehvery NLL LL B~d Evaluated Vendor Maquf~__tu~rer ____ ~ee_k_s~ ~Core) LC_~o~ Price Cost Wesc-o Westinghouse 9 338 1113 $3~990 00 $41;095 63 Techhne Howard 10-12 346 1416 $3,70000 $41,37316 Cummins Pauwels 12-14 310 1568 $4,04200 $44,36244 Polehne Pauwels 12-14 310 1568 $4,04900 $44,411 72 Temple GeneralElectnc 10-15 292 1370 $4,55600 $46,27982 Pnester Cooper 14 297 1575 $4,42000 $46,885 43 Sesco Sesco 10 375 1400 $4,495 00 $47,275 30 Stuart C Irby Square D 9 486 2124 $7,25000 $73,54792 Page 2/2 BID NO 1415 September 15, 1992 300 KVA 120/208 Volt Padmount Distribution Transformer Delrvery NLL LL B~d Evaluated Vendor Manufacturer _(Wee_ks~ (Core) (Co~l) Price Cost Techhne Howard 10-12 637 2622 $4,67800 $56,682 17 Wesco Westinghouse 9 516 2370 $5,19500 $57,170 16 Polehne Pauwels 12-14 546 2355 $5,544 O0 $59,980 45 Cummins Pauwels 12-14 546 2355 $5,558 O0 $60,079 01 Sesco Sesco 10 600 2200 $5,81800 $61,838 16 Temple GeneralElectnc 10-15 577 2357 $5,76000 $61,96288 Pnester Cooper 14 510 2765 $5,950 00 $64,58058 Stuart C Irby Square D 9 738 4088 $9,47000 $99,98634 750 KVA 277/480 Volt Padmount Distnbubon Transformer Dellvery NLL LL B~d Evaluated Vendor Manufacturer __ (Weeks) (Core) (Co~l) Price Cost Pnester Cooper 14 1132 5932 $6,330 00 $93,797 97 Techhne Howard 10-12 1131 5307 $8,478 00 $105,452 10 Wesco Westinghouse 9 1086 4995 $9,32000 $109,001 61 Temple GeneralElectr~c 10-15 1038 5037 $9,87500 $112,44295 Polel~ne Pauwels 12-14 848 6145 $9,778 00 $115,119 39 Cummins Pauwels 12-14 848 6145 $9,84600 $115,59811 Stuart C Irby Square D 9 1130 5261 $11,45000 $126,106 28 Sesco Sesco 10 1200 4800 $12,229 00 $130,061 12 Evaluation Formula Unit Cost * 7 04 + (NLL + LL * LF) * 14 54 Where, NLL = Transformer No Load (Corn) Losses LL = Transformer Load (Copper) Losses LF = Load Factor which ~s 0 5 for 167 KVA or less and 0 38 for all others R&M 1415 wk3 DATE OCTOBER 20, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1417 - TRANSFORMER OIL TESTING RECOMMENDATION: We recommend this bid be awarded to the low bidder Magnetek Laboratory Services, at the umt price of $10 00 per sample, for an estimated total of $25,000 00 SUMMARY: This bid is for the testing of approximately 2,500 samples of transformer oil to determine PCB levels Seven bids were recmved in response to e~ght ~nvltaUons mmled BACKGROUND: Tabulation sheet, Memorandum Glen Fisher PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Electric Dmtrlbut~on Department, Electric Ut~hty Customers of the City of Denton FISCAL IMPACT: Budgeted Funds for 93 account #610-080-0252-8334 current balance if $704,072 05 Lloyd V Ha~ City Manager Prepared by Name Demse Harpool [ Title Semor Buyer Approved Name Tom D Shaw, C P.M Title Purchasing Agent 1417 agenda ITY of DENTON MUNICIPAL UTILITIES / Qot-^ 'rex.s street / Denton, TX 76201 MEMORANDUM To Denise Manmng From Glenn F;sher Date October 1, 1992 Subject Bid No 14!7, Transformer O~1 Testing Based on the Iow cost meeting specifications, the Electnc Utlhbes Department recommends that the quotation from Magnetek Laboratory Services be accepted following final Legal approval '[he cost per sample wdl be $10 00 for approximately 2,500 samples cc Joe Cilern R&M 1417 mere .. COUNTY OF DENTON ~ ~ j~ q ;;1--/ 5D CONTRACT AGREEMENT STATE OF TEXAS THIS AGREEMENT, made and entered into this 20 day of OCTOBER A.D., 19~, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and MAGNETEK OHIO TRANSFORMER, BOX 3991, 1776 CONSTITUTION AVENUE, LOUISVILLE, OHIO, 44641-3991 of the city of LOUISVILLE , County of LOUISVILLE and State of OHIO , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1417 - TRANSFORMER OIL TESTING in the amount of $25,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 , IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ~ 'I' 'M tWu fuUJ r1:l~ ~ CITY OF DENTON OWNER (SEAL) ./l ATTEST: J MAGNETEK OHIO TRANSFORMER CONTRACTOR By ~(!.~-~~ Title ~ (SEAL) APPROVED FORM: ~ '- / ~/ CA - 3 all maps, written plats, blueprints, explanatory matter and other drawings and printed or thereof, and the specifications therefore, as prepared by CITY OF DENTON STAFF , all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the city of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the city of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the state of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 BID f\lUMBER 1417 BID PROPOSALS Page 2 of 9 ITEM City of Denton, Texa. Purcha.lng Departmant DESCRIPTION 901-8 Texaa SL Denton, Texaa 78201 QUAN. PRICE AMOUNT 1. TESTING OF SAMPLES OF TRANSFORMER OIL FOR PCB'S..................................... . 2500 APPX. $10.00 ea $25,000.( Please address your purchase order to: MagneTek Ohio Transformer c/o Keasler Associates, Inc. 2907 St. Andrews Richardson, TX 75082 Telephone: FAX: 214/669-4000 214/669-4060 TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in unless otherwise Indicated. 7 days from receipt of order. Terms netl30 In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constltues a contract. The completed Bid Proposal must be properly priced, signed and returned. Louisville.OH City 44641-3991 State Zip MagneTek Ohio Transformer 81_ - ;' i ,. . -{? -i. .( . IL ,j (~, 1 (,d_ L C 'f1../Ll .Y- S1gnaturo Box 3991; 1776 Constitution Avenue Mailing Addresa Telephone Laboratory Sales Manager Title 2'5/875-3333 . "c-,,\..." '-'~" ,. 1...- r" \ PURCHASING DEPARTMENT 'II.) y City of Denton " 901-B Texas 51. Denton, Texas 76201 1\l:K.)L[K BID INVITATION .t>.UG 13 1992 CITY OF DENTON. TEXAS ASSOClA lIS Date AUGUST 11, 1992 BID NUMBER 1417 KEASLER ASSOCIATES, INC 2907 ST ANDREWS RICHARDSON, TX 75082 BID TITLE TRANSFORMER OIL TESTING Sealed bid proposals will be received until 2:00 p.m. SEPTEMBER 15, 1992 , at the office of toe Purchasmg Agent, 901-8 Texas St.. Denton, Texas 76201 For additional information contact PURCHASING DEPARTMENT 901 B Texas Street Denton, Texas 76201 Office 817-383-7100 DFW Metro 817-267-0042 \. INSTRUCTIONS TO BIDDERS Sealed bid proposals must be r3ed in duplicate, on this form, prior to opening date and lime to be conSidered. Late proposals will be returned unopened. 1. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bId openIng date on the outside of complf:te!y 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 accompanYlIlg same, or it will not be considerer4. 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 .::.ontractor 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 blc1s 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 tor award. 13. The City of Denton Is exempt from all sales and exci.e taxe., (Article ZO.04-B) BID NUMBER 1417 SPECIFICATIONS Page 3 of 9 Purchasing Department City of Denton, Texas POLYCHLORINATED BIPHENYL (PCB) TESTING PROCEDURES The City of Denton is requesting bids for approximately 2,500 distribution transformer polychlorinated biphenyls (PCB's). the oil analysis of samples for Bidders shall submit a quote based on a price per sample for testing based on the following criteria; The analysis of these samples shall be performed using Gas Chromatography methodology. Specifically, the use of EPA Test Method 8080 for the analysis of Organochlorine Pesticides and PCB's shall be used. Any deviation in the use of approved EPA methodology must be documented and the testing laboratory will submit evidence of acceptance of the alternate procedure by the EPA. All quality control procedures will be performed in accordance with EPA accepted methodology and will be included with the sample results. Any deviation in the use of approved EPA quality control procedures must be documented and the testing laboratory will submit evidence of acceptance of the alternate quality control procedure by the EPA. All work must be done in accordance with or exceptions noted to the attached contract. The City of Denton will submit samples in lots of 200 to 500. Results for each lot will be sent to the City of Denton within thirty (30) business days of lot submittal. Each sample will have the individual aroclors identified. Results shall be sent as a hard copy identifying a minimum of the sample test date, lab identification number,. City identification number, unit serial number and the indJy~dual aroclor concentrations. Results shall also be sent in di<;ital form, on a 3.5 inch diskette in one of the following formats; 1) Comma delimited ASCII file in the form: Sample Test Date, Lab ID #, City ID #, Serial #, Total Aroclor Concentration. An example: 7/30/92,OOOl,4520,5X43201,238.91 2) A Lotus 123 WKl spreadsheet with the following columns; Sample Test Date, Lab ID #, City ID #, Serial #, Total Aroclor Concentration. BIDNUMBER 1417 SPECIFICATIONS Page 4 of 9 Purchasing Department City of Denton, Texas 3) A dBase IV database with the following fields; Sample Test Date, Lab ID #, City ID #, Serial #, Total Aroclor Concentration. Original invoices for each lot shall be sent to: Accounting Department 215 East McKinney Denton, TX 76201 A copy of the invoice and the test results for each lot, as defined above, shall be sent to: Glenn Fisher City of Denton Municipal Utilities Electric Engineering 901A Texas Street Denton, TX 76201 (817) 383-7121 Payment for each invoice will be made upon receipt of the hard copy and digital file of the results for the lot. Bidders shall agree to or note any exceptions to the specifications in their bid. BID NUMBER 1417 SPECIFICATIONS Page 5 of 9 Purchasing Department City of Denton, Texas TERM: Unless sooner terminated or extended as provided herein, this agreement shall remain in full force and effect from the date first written on the attached price quotation sheet until the date of completion of the services or either party becomes insolvent, makes an assignment for the benefit of creditors, or a bankruptcy petition is filed by or against it. Either party may terminate this agreement at any time by giving written notice of such termination to the other party. upon such termination of this agreement, Customer shall pay and reimburse Vendor for services rendered and costs incurred by Vendor prior to the effective date of termination. INDEPENDENT CONTRACTOR: Vendor's relationship with customer under this agreement shall be that of an independent contractor. Nothing in this agreement shall be construed to designate Vendor, or any of its associates or subcontractors, as employees, joint venturers or partners of customer. SUBCONTRACTING: Vendor shall have the right to subcontract any and all service, duties, and obligations hereunder, in whole or in part with the consent of Customer. subcontractor shall be bound by the same terms and conditions of' performance as Vendor. PAYMENT: customer shall make payment to Vendor within thirty days after the date of the invoice provided that test results have been submitted to customer as specified elsewhere. Vendor may add to the invoice any excess copy charges, travel expenses, long distance telephone charges, and special reproduction costs requested or approved by customer. In the event Vendor has not received payment within thirty days after the date of the invoice and receipt of test results, customer shall pay interest on the unpaid balance at the maximum rate allowed by law commencing on the thirty-first (31st) day after the date of invoice. CHANGE ORDER: The term "Change Order" as used herein is a written order to Vendor, signed by Vendor and customer after execution of this BID NUMBER 1417 SPECIFICA liONS Page 6 of 9 Purchasing Department City of Denton, Texas Agreement authorizing a change in the services and/or prices and each change order shall be considered an amendment to the Agreement. SAMPLE DISPOSAL: Unless Customer requests otherwise, unused portions of test samples submitted for analysis shall be disposed of immediately after report submission. Upon written request Vendor may agree to retain said samples for a mutually agreeable storage charge. Vendor reserves the right to return test samples to Customer or dispose of unused portions of test samples at Customer's expense. CUSTOMER WARRANTY: customer hereby warrants that all representative samples shipped to Vendor shall be prepared for shipment and packaged in containers specified by, and marked in accordance with, all applicable statutes and regulations of the United States Department of Transportation, Environmental Protection Agency, and/or such successor and any other appropriate Federal, State and Local governmental agencies. CONFIDENTIALITY: Vendor and its employees shall hold in confidence business or technical information disclosed to Vendor or acquired by Vendor in the course of performing services hereunder which customer marks as proprietary. The obligations of this paragraph shall survive the termination of this agreement. The obligations of confidentiality do not apply to information which: (a) is or becomes part of public domain; or (b) is lawfully in the possession of vendor at the time it was acquired hereunder; or (c) is required to be publicly disclosed under the law. SEVERABILITY: The provisions of this agreement shall be severable, and if any clause, sentence, paragraph, provision or other part hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder hereof, which remainder shall continue in full force and effect. BID NUMBER 1417 SPECIFICATIONS Page 7 of 9 Purchasing Department City of Denton, Texas WAIVER: No waiver by either party of any breach, default or violation, of any term, warranty, representation, agreement, covenant, condition or provision hereof shall constitute a waiver of any subsequent breach, default or violation of the same or any other term, warranty, representation, agreement, covenant condition of provision hereof. All waivers must be in writing. FORCE MAJEURE: Obligations of either party under this Agreement shall be suspended, and such party shall not be liable for damages or other remedies while such party is prevented from complying therewith, in whole or in part, due to contingencies beyond its reasonable control, including, but not limited to, strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation or order, whether valid or invalid, of the United States of America or any other governmental body or any instrumentality thereof, whether now existing or hereafter created, inability to secure materials or obtain necessary permits, provided, however, the party 50 prevented from complying with its obligations hereunder shall promptly notify the other party thereof. COMPLIANCE WITH LAW: In the performance of all services to be provided hereunder, Vendor and Customer agree to comply with all applicable federal, state and local laws and ordinances and all lawful order, rules and regulations of any constituted authority. APPLICABLE LAW: The validity, performance and construction of this agreement shall be governed by and construed in accordance with the laws of the State of Texas. wARRANTY : Vendor represents and warrants to customer that: 1) Vendor understands the risks presented to persons, property, and the environment in the handling, transportation, storage, treatment and disposal of wastes to be managed pursuant to this contract; BID NUMBER 1417 SPECIFICATIONS Page 8 of 9 Purchasing Department City of Denton, Texas 2) Vendor is qualified to perform the services hereunder and will do so in a safe and workmanlike manner and in compliance with all governmental laws regulations, and orders; and 3) Vendor and any subcontractors employed by Vendor possess and will maintain for the life of this contract all permits, licenses, certificates, and approvals necessary for the performance of services hereunder. 4) That Vendor will properly package, label and mark all applicable wastes under this contract in accordance with all applicable governmental laws, regulations and orders. The foregoing warranties are exclusive and in lieu of all other warranties whether statutory, expressed or implied (including all warranties of merchantability and fitness for particular purpose and all warranties arising from course of dealing or usage of trade), except of title and against patent infringement. INDEMNIFICATION: Vendor shall indemnify and save Customer (including its employees) harmless from and against any expense, loss or liability caused by or resulting from the failure of Vendor (or its subcontractors) to fully comply with applicable federal, state or local laws, statutes, regulations, or governmental directives which regulate the handling, transportation, storage, or disposal of the waste hereunder and from any and all claims, suits and liability for loss of or damage to any tangible property or persons (including death) caused by any negligent or willful act of Vendor or its subcontractors during the handling, collection, transportation, storage, or disposal of the waste hereunder. customer shall indemnify and save Vendor (including its employees) harmless from and against any expense, loss or liability caused by or resulting from the failure of Customer (or its subcontractors) to fully comply with applicable federal, state or local laws, statutes, regulations, or governmental directives which regulate the handling, transportation, storage or disposal of the waste hereunder and from any and all claims, suits and liability for loss of or damage to any tangible property or persons (including death) caused by any negligent or BID NUMBER 1417 SPECIFICA liONS Page 9 of 9 Purchasing Department City of Denton , Texas willful act of Customer or its subcontractors during the handling, collection, transportation, storage, or disposal of the waste hereunder. LIMITATION OF LIABILITY: The total cumulative liability of Vendor under this Contract or any act or omission in connection therewith, such as the performance or breach thereof, whether in contract, in tort (including negligence or strict liability), under any warranty, or otherwise, shall be limited to the price of that portion of the services upon which such liability is based or $1,000,000, whichever is greater. This limitation shall not apply to liability for adverse effects on the environment. INSURANCE: Before performing any services hereunder, Vendor shall obtain and maintain for the duration of this contract, at its own expense, at least the following insurance: Coverage Limits a. Worker's Compensation statutory $1,000,000 per occurrence b. Employer's Liability c. Commercial General Liability (bodily injury and property damage) General Liability and Automobile Liability insurance shall name City of Denton as an additional insured. Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify Vendor and the City of Denton 30 days prior to effective date of any cancellation or termination of the policy of certificate or any modification of the policy which adversely affects the interest of the City of Denton in such insurance. The notice shall be sent by registered mail and shall identify this Agreement, the policy and the insured. Prior to commencement of work, Vendor shall furnish customer with acceptable evidence showing that insurance coverage described in this article has been obtained. $1,000,000 combined single limit willis Corroon rnc. 70 South Lake Ave., Ste 1100 Pasadena, Ca. 91101 (818) 796-3888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANrES AFFORDING COVERAGES C""""ny Letter A HARTFORD FrRE rNS. CO. Insured C""""ny MAGN208 Letter B TWrN CrTY FrRE (HARTFORD) MAGNETEK rNC. ETAL OKro TRANSFORMER CORP. 1776 CONSTrTUTrON AVE. LOUrSVrLLE, OB 44641 C""""ny Letter C ACCEPTANCE rNSURANCE COMPANY C""""ny Letter D C""""ny Letter E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER- IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITIOH OF AMY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POll CY NUMBER POLICY EFF DATE POLICY EXP DATE (nm/dd/yy) (nm/dd/yy) LIMITS GENERAL LIABILITY A [vl Conmerclel Generel Llab. II1II [ lClalms Made [ lOccur [ ] Owner's & Contractors Protective [VlPRODUCTS LrAB. [ 1 72CSEC87618E 10/01/92 10/01/93 Genersl Aggregate $1, 000, 000 Prod-C,,",,/Ops Agg $2, 000, 000 Pers & Aa. Injury $ 500,000 Each Occurrence $ SO 0 , 00 0 Fire Damage S (Anyone fIre) Medical peyments $ (Any one person) AUTOMOBILE LIABILITY A [V 1 Any Auto [ 1 A II Owned Autos [ 1 scheduled Autos [V 1 H I red Autos [V 1 Non - Owned Autos [ 1 Garage Ii abil I ty [ 1 72CSEC87620E 10/01/92 10/01/93 Contllned Single Limit $1,000,000 Bodily Injury (Per Person) $ Bodily Injury (Per Accident) $ E~CESS LIABILITY [ 1 Umbrella Form C [Vl Other Than Umbrella Form D92CB0014 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY 10/01/92 Property Damage $ Each Occurrence $ 1,500,000 Aggregste $ 1,500,000 10/01/93 B 72WBRC87615E 10/01/92 10/01/93 [~ Statutory _ Each Accident ~ Dlsesse-pol Limit $1,000,000 Disease-Esch Empl $1,000,000 OTHER Descri~ion Of Operations/Locations/Vehicles/Special Items CERTrFrCATE BOLDER rs NAMED AS ADDrTrONAL rNSURED rF AN ADDrTrONAL rNSURED ENDORSEMENT rs REQUrRED BY CONTRACT. SUBROGATrON WArVER ENDORSEMENT ALSO APPLrES rN FAVOR OF CERTrFrCATE BOLDER rF REQUrRED BY CONTRACT. CrTY OF DENTONL TEXAS 901-B TEXAS STREET DENTON, TX 76201 Should any of the above described pol ieies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 60 days written notIce to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, it's agent1s or representatives.