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1990-0392651L-1/3689 NO. O -039 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in bids oY r materials, equipment, supplies, or "Bid Proposals" on file in the Office of Agent filed according to the bid number hereby accepted and approved as being the for such items: BID ITEM NUMBER NO. VENDOR 1074 1 Coastal Equipment 1075 1 Harcros 1075 2 Delta 1075 3 Delta 1075 4 Rhone-Poulene 1075 5 Harcros 1075 6 Delta 1075 7 Carus 1075 8 Ammonia Service 1075 9 Fe3 1075 10 DX System 1077 11 Dustrol Inc. 1078 12 Agchem Equipment Co. the following numbered services, shown in the the City's Purchasing assigned thereto, are lowest responsible bids AMOUNT 50,110.00 360,00/Ton .535/Lb. .296/Lb. $ 72.05/Ton $350.90/Ton 1.225/Lb. .19/Lb. $116.00/Ton $ 1.10/Gal. As Per Attached Prices Listed in Exhibit "A" $164,895.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accor- dance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this&dt day of 1990. RAY S PAENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE TWO N H ca H w a 0 w C4 O w - a 0 w - a a 0 H 2 D W A H - co z 0 z U o 0 D\ H o,% wz t` E-1 a 0o U O U] H Cn ci D x w x A 0w ~ w a H H z W P4 W ~ a z o a4 U fTl W 0 < axQxQxgx~xgx>4~H oxQx U U U U A U U A C) A U U U U a404 K4 04 4a4 a,04< 4 4P4<Aa4ly.4 wwwwwwwwawwwawawwwwwww a a, a a w a w w a a, a O o 0 0a0 0a0aa0 0 0 0 oOOOOOOO OOO 0 000000o O • O • 0 • O • O • O • O • O • O • O • O • • O • O • O • 0 0 0 • 0 0 0 0 0 • 0 • O • O OOCD O Ln U) 0 LO - 0 LI)001r- - Ln U)LnO UIO Ln O r-+ Ln ri N c-i O H Ln '-i r- H N N O L} N {/T C) V). LI) t/1 01 ih M sh tD ih 00 L- -E) N i!T Ln %D t-L 00 as r/} AEa V). N V)> to yr :n V)r w a W C7 U W as >H a a xH w x a 0 x w zx E♦ U44 a U a a V O0U rC P4 a OHD U z w F cQ~N a z Ei H U H z U W U N a RC H U) :R: H Ei z A a H a H x W 4 H 0 H U] H H D a W z xHw o a H a ~D H F-I Ho3 -q H E 7 2 ~E: a a FA a 0 x H a ~4 A H K K4 r-I N M/•C d4 r4m <t04(, RCN RC Ol RCOOHH a--i (14 M 'cr LI) l0 C- O m ri '-i r4 H w~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into A.D., 19 9Q by and between THE CI of the County of DENTON and State of T t exas, acting through LLOYD V. ARRE•LL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DUSTROL, INC., P.O. BOX 308, TOWANDA, KANSAS 67144 of the City of DENTON , County of DENTON and state of TEXAS , Party of the Second Part, hereinafter termed' CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: RTDA 1n77 - RENTAL OF STRFFT CONSTRUCTTON RQDTPMENT and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 20 day of MARCH 0044b 'written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON STREET DEPARTMENT STAFF , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to . such extensions of time as are provided by the General and Special Conditions. . The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. a s~ ATTEST: CITY O DENTON, TEXAS Party of t e Fir Part, OWNER By LLOYD V. HARRELL, CITY MANAGER (SEAL) DUSTROL. INC. Party of the SecondPaart, CONTI::. By Title DT DANKERT, President (SEAL) T ~X"mss CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That Mtrol. Inc. , of the City of Toolanda County of RAIer , and State of Kansas as PRINCIPAL, and Reliance Insurance Company as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON, TEXAS as OWNER, in the penal sum of ONE HUNDRED THOUSAND AND no/100 Dollars ($100 000 00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 20 day of MARCH , 1990 , for the construction of BID# 1077 - RENTAL. OF STREET CONSTRUCTION EQUIPMENT which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and.the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 g PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of April 19 90. llustrol. In(-.- Reliance Insurance Company Principal, Surety BY By DT DANKERT Claudia J. Na eau Title President Address PO Box 308 Title Attorney-In-Fact Address 1200 Merchants Bank Bldg. Topeka, Kansas 66612 SEAL-) (SEALi The nameGandaddress of the Resident Agent of Surety is: r Neal G. Clark, Suite 1250, One Dallas Centre, 350 North St. Paul Street, Dallas, TX 75201-4205 NUPE: Date of Bond must not be prior to date of Contract. PB-2 0091b i RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint John M. KOger, John M. Koger, Jr. , Eugene F. Konen, Claudia J. Nadeau and E. J. Flickinger, individually, of Topeka, Kansas its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship, aincT-to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vim President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the Power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute anddeliveron behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have Power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused these presents to be signed byjiSyice President, and its corporate seal to be hereto affixed, this 27th day of August 19 86 STATE OF Pennsylvania COUNTY OF Philadelphia ss On this 27th day of August ncc uwNc ce1 e Vice a , 19 86 personally appeared President Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowled~ executed and attested the foregoing instrument and affixed the seat of said corporation thereto, and that Article VII, Secti r(1-2, and 3 o the By. aws of said Company. and the Resolu- tion, set forth therein, are still in full force. / My Commission Expires: on Septeober 28 1987 Notary Public in and for State of lvani-a Residing at Philadelphia I Ray L. Lorah Assistant Secretar a RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney id RELIANCE INSURANCE COMPANY, which is still in full force and effect. cop IN WITNESS WHEREOF, I have hereunto set my hand and affi thsa mpany this a 5th day of April 1990. s r BOR-tail Ed. 6/79 Assistant Secretary - OF GUARANTY FUND NON In the event the insurer is unable to fulfill its contractual obligation under this policy or contract or application or certificate or evidence of coverage, the policyholder or certificateholder is not protected by an insurance guaranty fund or other solvency protection arrangement. This notice is provided to you in compliance with the requirements of Article 21.28E Chapter 21 of the Insurance Code as enacted by the 71st Legislature. Fidelity & Surety Bonds have never been included under the Texas Guaranty Fund, therefore the preceding notice does not represent any change in participation. PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That Dustrol, Inc. of the City of Towanda County of Butler , and State of Kansas as principal, and Reliance Insurance COm any authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of ONE HUNDRED THOUSAND AND NO/100 Dollars 100, 000.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes Rtesents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 20 day of MARCH , 19 90 RID1 1077 - RENTAL OF STREET CONSTRUCTION EQUIPMENT to which contract is hereby referred to and made a part hereof as fully and , same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosectioa of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of April - 1990 Dustrol Inc. Principal BY DT DANKERT Title President Address KS 67144 I (SEAL-)* The name and address of the Resident Agent of Surety is: Neal G. Clark, Suite 1250, One llas, TX 75201-4205 llas Centre, 350 North St. Paul Street, PB-4 Reliance Insurance Company Surety C au is J. Na ea Title Attorney-In-Fact Address 1200 Merchants Bank Bldg--_ eUl Topeka, Kansas 66612 i- (SEAL) a 0092b RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint John M_ Koger, John M. Koger, Jr. , Eugene F. Konzi3n, Claudia J. Nadeau and E. J. Flickinger, individually, of Topeka, Kansas its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed undertakings of Suretyship, any and all bonds and ado bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneyls)-in-Fact my do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VI I of the By-laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem. nity or other conditional orobligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and mid Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power w executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused these presents to be signed by ice President, and itscorporate seal to be hereto affixed, this 27th day of August 19 86 RELIA INSU CE CO A t UMet c <~4 e7a z d Vim President STATE OF Pennsylvania COUNTY OF Philadelphia On this 27th day of August s~ o 4 ~~M1t "tkf , 19 86 personally appeared Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged1hes-h executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, =Secti,nd 3 o the By- aws of said Company and the Rewlu. Lion, set forth therein, are still in full force. My Commission Expires: 'DZ,~ Septanber 28 .19 87 Notary Public in and for State of lvanla Residi ng at Philadelphia I• Rap L. Lorah , Assistant Secretar a RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney Id RELIANCE INSURANCE COMPANY, which is still in full form and effect. oq IN WITNESS WHEREOF, I have hereunto set my hand and affi th m ' m Pony this 5th day of Apr i 1 1990 BOR-1431 Ed. 6/79 Assistant Secretary J ~d t2~~ OF GUARANTY FUND NON In the event the insurer is unable to fulfill its contractual obligation under this policy or contract or application or certificate or evidence of coverage, the policyholder or certificateholder is not protected by an insurance guaranty fund or other solvency protection arrangement. This notice is provided to you in compliance with the requirements of Article 21.28E Chapter 21 of the Insurance Code as enacted by the 71st Legislature. Fidelity & Surety Bonds have never been included under the Texas Guaranty Fund, therefore the preceding notice does not represent any change in participation. PUR dDe NG DEPARTMENT City n 907- St. D ents 76201 BID INVITATION CITY OF DENTON, TEXAS RE CcIVd0 FEB 2 G 19n0 Date BID NUMBER Dustrol Inc. P. 0. Box 308 Towanda, KS 67144 DUSTROL ln,~( FEBRUARY 19, 199b 1077 BID TITLE RENTAL OF STREET CONSTRUCTION EQUIPMENT Sealed bid proposals will be received until 2:00 p.m. MARCH 8 1990 , at the office of the Purchasing Agent, 901-B Texas St., Denton, Texas' 76201 For additional information contact Tom D. SHAW, C.P.M.' ASSIST. PURCHASING AGENT Office 817-566.8311 INSTRUCTIONS TO BIDDERS D/FW Metro 817-267-0042 1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901 -B Texas St., Denton, TX 76201. 3.- Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or It will not be considered. 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. 6. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted bids remain in force for a sixty (60) day period after opening or until award is made; whichever comes first. 8. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent., _ 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from all sales and excise taxes. (Article 20.04-B) BID NUMBER BID PROPOSALS Page of 1077 City of Denton, Texas 901.8 Texas St. Purchasing Department Denton, Texas 76201 2 _ 5 ITEM DESCRIPTION OUAN. PRICE AMOUI DAILY RENTAL RATS 1• Heater - truck mounted radiant heat Propane fired 12' 2 ' per day 0 90d , x 4 insulated oven . Ia. Mobilization charge to include delivery,.and pickup as well each 1 06 as loading and unloading as required. 1 2. Heater Scarifier - truck mount radiant heat fired 12' 2 ' r , x 4 insulated oven, carbon tipped teeth 2a. Mobilization charge to include deliver y, and pickup as well l each Ivv as oading and unloading as required., . 3. Distribution Mixing Recycler - meter liquid, (2) carbid t per day P Y e ooth mixing drums, reversible augers , vibetory screed. 3a. Mobilization charge to include delivery, and pickup each as well as loading and unloading as required. 4. Laydown Machine - barber green SA150 or Equal per day 9QQ• 4a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. each r~ 156 5. Pneumatic Roller - Class B roller w/water per day 275 5a. Mobilization charge to include delivery, and pickup as well as loadin a d l each ' g n un oading as required. /fib 6• Tandom Steel Roller - 10-12 ton w/water per day 27~~ 6a. Mobilization charge to include delivery, and pickup h as well as loading and unloading as required. eac TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in unless otherwise indicated. -days from receipt of order. Terms neU30 In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constltues'a contract: The completed Bid Proposal must be property priced, signed and returned. f .0. boy. 360 Mailing Address <bWanldn- L-5 rod 144 city Slate Lo ~31:t~ S.~7 n'ZZ~Z l l~f %~ZOL N - Bidder signature T - Title c BID NUMBER 1077 BID PROPOSALS Page 3 of 5 City of Denton, Texas 901•8 Texas St. Purchasing Department Denton, Texas 76201 ITEM DESCRIPTION . OUAN. PRICE AMOUf 7. Milling Machine - track type caterpillar 450 or per day equal 7a. Mobilization charge to include delivery, and pickup each a as well as loading and unloading as required. 2~0. 8• Liquid Tanker - 6,000 gallon capacity minimum per day ° Be. Mobilization charge to include delivery, and pickup each as well as.loading and unloading as required. 9. Pickup Broom - Mobile TE3 or equal per day 9a. Mobilization charge to include delivery, and pickup each SD as well as loading and unloading as required. . 10. Water Truck - 1,000 gallon capacity w/pump capabilities per day ~~d•~ 10a. Mobilization charge to include delivery, and pickup as well each S~ as loading and unloading as required. J 11. Mini-Mill Catepillar RP75 or equal with 18" drum d a~ ay 1 r lla. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ¢s+[(ti So•~. NOTE: (1) All prices must include qualified operator with each piece of equipment. (2) Prices must be firm for one (1) year from date of award. TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made In unless otherwise indicated. days from receipt of order. Terms net/30 In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period Of time constltues i contract. The completed Bid Proposal must be properly priced, signed and returned. P.o.6~ 3DY~ Mailing Appraee i15 7_72U Bwtle 'ru~auda ks. G~L44 Clly Stale LO Slpnaturo C.310 53(c -271n2 -7 - Telepp TWO .r ; VBid Number 1077 SPECIFICATIONS Purchasing Department City of Denton, Texas Page 4 of This bid is for the purpose of determining the daily rate for the equipment and operators for the street reconditioning process, including heater scarification and profiling of specified City of Denton streets. All work will be performed under the general"direction of the city of Den-.. ton Street Department, James Corbin,.Street Superintendent. The projects are made up of several individual street reconstruction projects and will vary in number of days necessary to complete. However it is the intent of this bid to establish prices, terms and conditions that-must be held firm for one year from date of award. The following terms and conditions shall prevail: 1. The bidder must furnish the listed equipment as a minimum. The City staff may determine that additional equipment is necessary to maintain a sufficient schedule; and the contractor must agree to supply such equipment as requested. A. Heater - truck mounted, radiant heat, propane fired, 12' x 211' insulated oven. B. Heater Scarifier - truck mounted, radiant heat, propane fired, 12' x 24' Insulated oven, carbon tipped teeth scarifier. C. Distribution Mixing Recycler - meter liquid, (2) carbide tooth mixing drums, reversible augers, vibetory screed. D. Laydown Machine - barber green SA150 or equal 9. Pneumatic Roller - Class B roller w/water F. Tandom Steel Stoller - 10-12 ton w/water G. Milling Machine - track type caterpillar 450 or equal H. Liquid Tanker - 6,000 gallon capacity minimum I. Pickup Boom - Mobile Tg# or equal J. • Water Truck - 1,000 gallon capacity w/pump capabilities 2. Bidder must furnish full time on site supervision with full decision making authority concerning time sheets, equipment, and operators. This supervisor must be able to work with and under the general direction of the City' of Denton staff and is responsible for giving-specific instructions to his operators without interrupting the work of equipment commit--`~ ted to this project. - 3. Bidder mustagree to work five (5') days per-week, Monday through Friday, approximately 8.hours per day and maintain maximum produc- tivity and efficiency throughout the course of this project. 2839s Bid Number 1077 SPECIFICATIONS Page 5 of Purchasing Department City of Denton, Texas 4. Bidder must agree to assist City of Denton Street Department personnel as directed within reason and within normal expectations of the equipment. 5. The actual amount paid will be based solely upon the number of days worked for each piece of equipment. The City will pay for actual days worked at the rate bid. 6. A work day is defined as eight (8) hours per day. Variances over or under this defined time period will be prorated on an hourly rate agreed upun py the City of Denton Street Superintendent and the successful contractor. 7. Equipment committed to this project will not be removed from the,work site while the particular phase to which it is assigned is underway without the specific approval of the City of Denton Street Superintendent. 8. Successful bidder must have all listed equipment available to move on to the, job site and begin work three (3) working days after receipt of notification to begin. 9. Successful bidder must be able to submit references of previous work performed in this type of project if requested. The City of Denton staff reserves the right to determine the bidders qualifications for this project and to accept or reject the bids based on the bidders ability to perform the work. 10. Invoices will be paid upon completion of specified projects. It is the intent of the City to issue checks within ten (10) days of receipt of thQ invoice and acceptance of the work performed. 11. Payment and performance bonds must be submitted in minimum amounts of $100,000 and renewable for additional increments in like amounts as additional increments are assigned. 12. The attached contract forms, payment bond, performance bond and insurance certificate must be completed and returned to the City of Denton in no more than ten (10) days after notification of bid award. 13. A pre-bid. conference will be held February 28, 1990 at 9:00 a.m. in Purchasing Department Conference Room located at 901-B Texas Street, Denton Texas. 14. The City of Denton will furnish the necessary support staff, traffic control and associated equipment needed to complete each project. 15. The successful bidder agrees to furnish all fuel and maintenance for the rented equipment as well as all payroll, insurance and benefits for the operators. 16. The City of Denton will furnish the propane fuel necessary for the operation of the heat related equipment. 2839s CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities Contractor, the Contractor shall provide and of the maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material cancellation shall be given, change or o The City of Denton shall be an additional named insured on all policies. I. Workmen's compensation and Employer's Liability. This in shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $1,000,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $1,000,000 IV. Owner's Protective Liabilit Insurance Policy. This insurance shall provide coverage for the Owner.and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $1,000,000 INSURANCE SUMMARY: - The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does ' not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not be in an work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 SPECIAL CONDITIONS INDEPENDENT STATUS It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security, taxes, Vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. INDEMNIFICATION Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. CHOICE OF LAW AND VENUE This agreement shall be governed by the law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. ACKNOWLEDGEMENT: DUSTROL, INC. D.T. DANKERT, PRESIDENT CI-3 ~~•v i,~•e:o unt.,Lnivn, UVUbLHSJ .3tb-f(J-1Li~'L' CERTIFICATE OF 1RSURARM CITY OF 6EMToM me and Address of Agency Q Ilaway..nnunlaaS & Associates Inc P O Box 310 Augusta,. KS 67010 Phone 316-775-1121 Ise and Address of Insuradi Dustrol, Inc.. P 0 Box 308 Towanda, KS 67155 Phone 316-536-2262 P.2 City of Denton Refarenos: Project Nana; Bid //1077 Project No, Project Lwationl Managing Daptl CaRmnles Affording Coverage, A USF&G 9 Hartford Insurance C Tbls Is to osrtify thet pollelas of,Inswanea Ilsted balau haue Woo Issued and are in toreol at this time, PAY ta' Tvpe of Insurance . Pal 1e u'.a..... Exl~~etloe Limits of Liabi lity ,n ~nOUSalas 1JllU ta„ahal Liability 1MP11857164 00 ocwrrenc - Clalms Merle (sea n-reversw 111191 Bodily Injury f Broad Form in Include, - Premises/Operations Property Damege ; Independent Controchxs•- s/Co pleted Operations j P*rsmql I Bodily Injury and Property Contractual Llabltlty (sea !1-rawrwo D°lnaga Cwbinw ; atard - Underground Hazard N abfI t~ Co~sga Ll"w Fl General-Aggregate Products/Comp Ops Aggro 2,000,001 to 2 000 l l - Broad Form Property 0#3-w wego, Personal & Advertising , , Injury 1,000,004 - Professional Errors/omiISlens tam uccur7vnm~- - 1( - occurrence claims Made, (sae f2-rs4erae) Fire Dama ge(Any One Fir ) 50,OO1 X~ pense(Any One MedAcal E erson 5 00C / CwV Wiamob(le Llahl I Ity IAB12542512 00 Bodily Injury/Person ; X)6wn,& a d A t 1/1/91 Bodily Injury/Accident s - : aw u wobllea Xxion-awned Wtomobt ies Property Oaaege f XXlired Wl n a obtles Bodily Injury/Property Oamage Combined = 750,000 1 - a Wwkowso C NwSatto" o t Liability 37WZAJ2081 1/1/91 Statutory A 100, 0001 mount 500,000/ o~~,.. DmbreTT b " each ac,-1-&-n-f---h a a ility ULC125425168 0 $2,000,000 Each Occurrence 111191 2,000,000 Aggregate of 7 and address of Grt:ifl~tate ~lol vrvtt4y dsr. cmr CF LFNI(N, 1E><AS RFCMSnaG AGW goi-e um sr EMM, 1X 76M ~~a'l~lfi O>fE~it'Sltb0lZClred as Its Interest may 130323600 applies to State of Texas 6/5/90 "Fr FDY74~f:?' rr.-r x;. JnJS ty M-v r---A IfJ'~sm CONDITIONS ACDIlZCNAL INS[M: The City of Denton, its elected and appointed cMdals, offices aid employees. (This does not apply to Haimr's Cation.) NO= Of CAMMMCN: Pricy to any crater jat ~ or caxn1lat icn, the City cC Denton will be given 30 days advalce Written mtice mailed to the stated address oP the Ca'tiflcate Flnlder, City of Denton. l• COMACIMAL CaulACC: (Liabi lity asv®d by contract or g eemant and Waild not crUrrwise east). The , contn3ctal linhility regrdroneot sbaM on the reverse side cC this CatifY cabe of Insurmoe lamer CaWrehensive General Liatility, mist inch pde a definition of cover-.Me tread a ougb to p<wide aver--W for obligations amj md by the omtractcr in the referenced contract This C rdncate of In szmo . e is p¢wided as required by the grvenirg contract. 2- CUM MW PO iLY Mft Requ ired period or mvet,*p will be dete mined by Uia fcllu,mg fcrmpla: Continpons oamrn~p for the life of the contract, plus on- Yew (1n Provide eovea*P for the %orranty period) , and a extended di9oovey perind for a mirdmw cC 5 yea pe'icd- s Which stall begin at the ari of the w rarty 3. FIM [EML lZUUTy: (Requr ed in all oontracts that involve the ocappary , oopstrvetic n or alteration of City-arid or leased facilities). In=-mc: i. to ceve• Grildirgs, contents (Wise applicable) and pertly i1s4-pllepl equipm nt with respect to pr opm-tY to strictures or portions or stnpc4ues if sash dared is raised by the pezl of fire and due tb the cpa-adcns of the omumCtpr. yJUII,~AAI.. Limit of )1nhility is to be a minimm cC - CI-4