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1989-041NO f9-&Yl AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OR RENTAL 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 hereinbelow described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City's Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NUMBER VENDOR AMOUNT 9953 All Smith Pump Company $ 15,090 00 9957 All Bill Utter Ford $ 23,265 00 9958 All Dustrol $200,000 00 9961 All Jacobson Turf $ 20,475 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 accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, 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 the 21st day of March, 1989 RAY ST P DNS, fMAYOR ATTEST J IF' AL ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY 264 /1... DATE March 21, 1989 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT #9953 Repair Raw Water Pump RECOIRIENDATION We recommend this bid be awarded to the low bidder Smith Pump Company at $15,090 00 This includes labor and transportation at $5,620 00 and estimated parts at $9,450 00 for the total of $15,090 SUMMARY This bid was sen We received two bids as estimated and the labor cost of parts depending cost of the parts list the Council meeting see to the Board t to the four available vendors in the metroplex per the tabulation sheet The cost for parts and transportation is bid We may use moi( on the condition of the pump We have a du The utilities board will review this bid before attached it is recommended by the Utility Staff BACKGROUND Tabulation Sheet - Memo to Utility Board PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED FISCAL IMPACT There is no additional impact on the General Fund Respe ully submitted U LIo d V Harrell City Manager Prepared by me hn J Marshall, C P M Title Purchasing Agent Approved to n J Marshall, C P M itle Purchasing Agent I N ^'I 4Y 1 1 r 1 I r I r i la 0 0 ~ I I I _ _ I I I I rl xl t3J I ~I ui i x 1 m a I s ~L G I -1 1} I Cf ° m aii u ~ ~ zi v s iii v m o I -i ti ~fI ~ CI1 -I I x.l p s P I a 1 I I r I ZJI ml o I Z I Rll -1 ? I ~ I ti 1~ r ~ i m I 1 I 1 I i i Iv a 0 .'w °o m .i w n a I X11 I ml I RJI I xl ~1 I yl .ZJI 3)I I f)I ZJI I z 1 I 7 I w I I I T 1 I x 1 r I -11 bl ml °'fJ i " 1 Z)I i I Z)I I I I I I I 1 1 tJ~ 1 ~ yn rJ cn i I m i x I ~ zJ ~ ~ ~ n i i u 1 s -a o _ o f s I ~ r 0 0 of G rJ G 1 I 1 I _ _ I I I 1 I m r GJ ~p 1 ~b I 2 1 Lf 1 - ~ 1+1 C11 Sll CJ I P 1 "V O r 41 %~J I Rl I h I 3) f" 4 P C i 1 I FUDL.C UTIL,TIES BOARD AonNDA ITEM 14tI¢MAI, A"D °_h :Na 0 THE PUBLIC JIILITIES BOARD cn 4 E NELSON, P E , EXE„UTIVE DIRECTOR OF UTILITIES ^r E MhK H 20, 1989 5 5 tCT E.ir ider contra,t pith Smitt Pump Eacpany for the Repair ct I n dater Pimp No 4 r LO 1.1QATI[N The Utilities S'aff reccisends approval of the attached covtract f r the repair of the Ran Aater Pump WD 4 "I"ARY Sealed hid here opened March 9, 1909 The recommended bi, ccnta ns the love-t eyalua'ed bid b CFO 0 T'a current raw water pumping systet has a rated apa,_it) of 74 M-D (m Ili. yallo ,.e day) Ni h pu p No 4 o t of service, the rated capac,ty beco s t2 MGD 'a ,508 Utilities Foreca-t p olected that tie peat day f.on, will about 6 McD durirg the su•mer Repa rs to Pump No 4 are necessary to provide for a reliable water s pply r ENL7r, 1rr;CTL~ Ali Na' I ustomo - of 'he C ty of Dcaton Municipal Utili +he Itilities Departmart and Smith rump Company Sr A, ,'PArT Ft"9 Fords Available 11,423 02 LcNW Oualiticd 15,070 00 Bid AmOLOt A punt Dver (Under) (2,330 02) 6,.dget Soc ce of Funds 0'a+er Bald 6,.2-261-2442 E~,,9 ~~FfP ` Ef fk'LE h F, I EF r crr i tPF U 5t ,,c A~~I~JtJ, P c , f"'UOvttP1Y6 HA9itvI~iriAiuk trPgGvt' E Ur%'" HAN, P E CTtETTrn Y WrkW J(ILITIES r h~trf T Wd~Er rraddcticr Division Recancen'atian/ air' a' II 40catim Hap R E VEL°Ol, P E , E)ECUTJV, CIf EEiUR F °ih CITY& DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 M E M O R A N D U M TO Dave Ham, Director of Water/Wastewater Utilities FROM Jerry Roush, Water Production Superintendent DATE March 10, 1989 SUBJECT BID 9953 - LEWISVILLE RAW WATER PUMP #4 REPAIRS The Water Production Division recommends acceptance of the Smith Pump Company Proposal for the above-noted repairs As shown below in the price comparison, Smith Pump's "Labor and Transportation" cost is $3,780 less than that of Eli Myers' ITEM I - Labor and Transportation Smith Pump Eli Myers $ 5,620 $ 9,400 * ITEM II - Estimated Parts Cost TOTAL COST 9,450 9,450 $15,070 $18,850 * This is an estimated parts cost Determination of the repair parts required will be made upon removal and inspection of the pumping unit Firm parts pricing, if needed, have been supplied by the vendor These parts estimates are conservative considering this twenty-seven year-old pumping unit, as well as the other pumps, have been pumping excessive amounts of sand over the past seven month because of the low lake levels Until February, 1989, the water level had been below the top intake, which necessitated the plant withdrawing water from the bottom intake I mention this only to alert you to the possibility of repair costs greatly exceeding this estimate and/or the possibility of bow 1 re- placement Jerry Rous Water Production Superintendent JR as r a v M ~L f a✓ r , is `r ~ipI~~I xR 'h ~ N 77yy e ll k3~ ~ ~`vh54 r 1.~ a III BOO 4 Y f^9rnx ' u~ ski ~ ~ry~i'.7t xoJS wtiv t~,J~H,v ~ i. ~ i{ofi i P i ~7 S h VF a ' I Ub '1~ • }~1~ 1 t f'Y J y]JtU,~t'~,\ i I e I i PPkk ! l E♦ jr k Y }y yw.. a.w R~1 L J 4f L y +yi 11 L N ' I l ~r IRi r y r t qp r k jr,rEll..C ya~ y$~ir~ Ali I Y • Nov S I pp ~ ~S ' .wE Y• t •9 v 3. 401, V, h 'w ~ R k y7 S i5 jar .MY R ~ DATE March 21, 1989 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid # 9957 Mini.-Vans RECOIRIENDATION We recommend this bid be awarded to the lowest bidder Bill Utter ord for both item 1 and 2 The total bid award is $23,265 00 SUMMARY This bid is for the purchase of a passenger type mini-van for n Conservation and a cargo type mini-van for Electric Meter and substation-communications Both units are fleet additions approved during the budget process BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Motor Pool, Energy Conservation Communications section of Electric Meter and Substation FISCAL IMPACT Respect y submit e Lloyd V Harrell City Manager P epared by Name Tom D Shaw, C P M Title Asst Purchasing Agent Approved Name John J Marshall, C P M Title Purchasing Agent I I F I I Q 1 I n 1 'V I r- 1 N 1 rl W m1 CJI rnl pl 21 1 o I 1 m I ~1 1 qP I ~ 3 i O1 ~nl + +I r I 1 r'1 I 1 1 1 1 1 1 1 I 1 1 1 I I I 1 G] 1 1 I I r ~"1 1 I 1 1 1 1 ~ 1 I 1 1 1 I 1 1 1 I 1 I I I - 1 1 1 1 1 I I I I 1 I I 1 I 1 1 I I I 1 I 1 1 1 1 1 1 1 1 ~1 1 1 1 1 ~-+1 MI 1 r 1 ~I I I I I 1 3 1 ~1 1 rl ~1 I r 1 m I 1 x I I r! r Zi < I x 1 JL I 1 O I C I =J 1 I rl 1 ~r 1 m zl c 1 ml ~.I 1 r- i cn i rji i a i tl i i Ki q Tl I n I n>1 1 1 1 r-1 m ~ ~ 1 3) 1 rJl I I c I 1 ~I ~ wil ~ 1 U11 µ1I ~1 t YJ 1 ~1 1 I Y1 1 1 S ml 1 NI JII 1 z mi a i of ml I I 1 1 AI 1 I I 1 I I 1 I 1 I I I I 1 I I I I I I I 1 I 1 1 I I I I I 1 1 I 1 _ _ _ _ _ _ _ I ~ _V I 1 s I I K' 1 I m a I 1 c ~ =y i i c v I " a Iy C I c I l m x ra to I o I m e o I 1 OI I I 1 rn m al I _ _ _ I I _ _ _ _ ; i 1 I I I m = m i ~ s i m p A QJ I O I .'[J C O N fib I ~ I ~ -~1 U 1 ~ 1 nl 9 v 7 I I 1 1 + I I I I 411 m I 41 j O~ ~ I T I 3[ 'fP m P ~ I ~ I [7 V ~ 1 ~ 1 ~ 1 1 O 1 < 1 DATE March 21, 1989 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid# 9958 Rental of Street Construction Equipment RECOMHENDAT~OK We recommend this bid be awarded to the only bidder, Dustrol Inc at the daily rate listed on the tabulation sheet for each item Estimated total expenditure approximately $200,000 00 SUIWRY This bid is for the daily rental of street construction equipment The equipment list is designed for reconstruction and or recycling of existing streets Each piece of equipment can be utilized as a single unit such as the mobil sweeper on item 9, however the city will only pay for equipment if it is required and used on a particular project The equipmer and operators will be under the direction of the Street Division of Public Works BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Street department and street construction and maintenance program FISCAL IMPACT Funds for rental of this equipment will come from Street Maintenance Budget Funds and applicable CIP Funds Respectf y submitted, Lloyd V Harrell City Manager Prepared by Name Tom D Shaw, C P M Title Asst Purchasing Agent Approved ame hn J Marshall, C P M itle Purchasing Agent 1 1 D I - ml rs~ 01 - 1 +p li V T IJI .M 41 N 1 1 r) I m 1 C 1 O N~ g 0 Z• ~O D 9 V 5 IT 'Y' UI ]Y .P A UI y N D^ 1 1 _)I d 1 I 1 1 - 1 m I -1 I yY I 1 Z 1 Cf I r- I I 1 -11 1 - 1 1 ~ I I 1 1 < 1 I 1 I I 1 I n v z x x 1 I 1 rs~ o a r i i i o w x o r ' a~ m m r v i I I 1'+ 1= i rzi ~ z v -1 m i ~ I 1 z e) c m v r ~ s x 1 ~ i) ~ 1 1 m ~ rs w z ~ m -11 c ) ~ -1 1 I ac ^ Z m 2 ~ j y G G 1U' ~ ti q Cl G U G~^ O -x-I Gi '.mP i O '3 O ~ I I c e)z . w mx w wr_w w w'xmowa wmm I I I n m vn v m r 1 rs) z v) x m m ~ til r r o e) 1 1 s ~ m ' .mil l M r ~ n r m~ ~ m M -1 r r z~ ~ m 1 1 s ao o m x) N +n c 1 n ~ v) 1 1 ti x o x m -1 ~o m x n n l rl o r.. -1 z r rl x. w x. -1 p s x. x. i. x. x. ~ g i s i. n~ x v a' 1 n I 1 + I 1 >Z.' 2 , -1 ti 5 ~1 M i r C) H ti .'O ~ .D 1 '%V -1 I ' I 1 r O IT A W 7[ ~t ti V) S r-~ .'(1 O n n P^ S 1 T) 1 1 •U x m m m z .'U m zl I 1 v ~ a m s mi z ~ m 'a z ~ c m di 'O I I I m S x < I I I I I I I 1 I _ I_ 1 1 i c 1 CJ Ul N 9I1 r+ N N V rs rb [D I 4 1 4 UI G CIl "O 4!I LII V P V P '^I UI +J+ [ll > > N G 1 I Cl ' I G UI O O C G P /J+ O I.ll I O C)+ O C O G O G O O G G . O q p p p ~ j q p ,f O O P O 4 P 6 P O O~ O O~ G Ci J O Q 4 4 P 1 I X11 YI til rl p I vi w 1 Z)1 m ai n r CONTRACT AGREEMENT Q STATE OF TEXAS ~w R ti ~ ~ ~gg9 COUNTY OF DENTON p,Pk~ ~p1G• DUS.~ROL THIS AGREEMENT, made and entered into this 24 day of MARCH A.D., 19 89, by and between THE CITY OF DENTON TEXAS of the County of DENTON- and State of Texas, acting through _LLOYD V_ HARRELT- thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DUSTROL, INC. 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: BIDS 9958 RENTAL OF STREET CONSTRUCTION EQUIPMENT AND OPERATORS and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish 'all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other .accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to- Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b 1 written explanatory matter thereof, and the Specifications therefore, as 'prepared by TAF. CTTY OF DFNTON TEXAS , 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. CITY OF DENTON TEXAS I e~ J LLOYD V_HARRELL, CITY MANAGER ^ y ATTEST: (SEAL) DUSTROL, INC. Party of the Second Part,.CONTRACTOR By G ATO~ VEDAS TO FORM: l/1 _-I City Attorney CA-2 (SEAL) la. 't 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Dustrol, Inc. , of the City of Towanda County of Rirtler , 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 nNF HUNDREn THOUSAND ANn Nn/ inn nnTT ARS 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 24 day of MARCH 1989 , for the construction of BID# 9958 RENTAL OF STREET CONSTRUCTION EQUIPMENT AND OPERATORS 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 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 pE NTON 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 14th day of April , 19 89 . Dustrol, Inc. Principal By Title P&JIjEd- Address /00 A;✓ 4 ti f~1 ~ a✓7x 1~~ y 4 { SEA `^^rThe name Landy Reliance Insurance Company Sure't~ty/ E.J. ic<inger Title Attorney-In-Fact Address 1200 Merchants Bank Bldg. Topeka, Kansas 66612 (SEAL)^ 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 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b E^ ~ RELIANCE INSURANCE COMPANY HEAD OFFICE, PHI LADE LPHIA, PENNSYLVAN I A--- 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. Konzenl, 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, alto 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 Vice President or other officer designated by the Board of Directors shall have power and authority to la) 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 deliveron 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 caused these presents to be signed byjt4'~'ice President, and its corporate seal to be hereto affixed, this 27th day of August 19 86 1 ~ _ STATE OF Pennsylvania COUNTY OF Philadelphia :s. On this 27th day of August RELIA 1 E INSU CE CO A 1 yV xAeef 2~~ ccp ~L Y t , ~I Vice President a - o a 19 86 personally appeared Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledgedl.bat-h executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Secti and 3 o the By- aws of said Company and the Resolu- tion, set forth therein, are still in full force. / My Commission Expires: aB H September 28 1987 3 ~a Notary Public in and for State of P lvania Residing at Philadelphia I, Ray L. Torah , 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 of RELIANCE INSURANCE COMPANY, which is still in full force and effect. cop/-/ j IN WITNESS WHEREOF, I have hereunto set my hand and affi th w > mpany this Vat day of 19 Q ~o ~c°Poc::, BDR-1431 Ed.6/79 .o"t4~~ Assistant Secretary 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 Company 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 TEXAS 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 presents: . WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 24 day of MARCH , 19 89 BIDS 9958 RENTAL OF STREET CONSTRUCTION EQUIPMENT AND OPERATORS to which contract-is hereby referred to and made a part 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 pay all claimants supplying labor and material to him or a subcontractor in the prosection 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 14th day of April , 19 89 Dustrol. Inc. Principal By 6L~L~Z Title Vacs ne/~ i Reliance Insurance Company Surety E.J. Flickinger Title Attorney-In-Fact Address Pp Box &08 Address 1200 Merchants Bank Bldg. ~owava+ //,S 4)IVV Topeka, Kansas 66612 C'SE) (SEAL) The name~andaddress of the Resident Agent of Surety is: Neal G. Clark, Suite 1250, One Dallas Centre, 350 North St. Paul Street, Dallas. TX 75201-4205 _ PB-4 0092b RELIANCE INSURANCE COMPANY HEAD OFFICE, PHI LADE LPHIA, PENNSYLVAN IA 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. Konzem, 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, and 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 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 cn 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 deliveron 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 haw 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 by ice President, and its corporate seal to be hereto affixed, this 27th day of AugUSt 19 86 ? i R ELIA INSU CE CO A e ""C" c` cOp Vice President STATE OF Pennsylvania COUNTY OF Philadelphia f On this 27th day of August , 19 86, personally appeared Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Secti , and 3 o the By- aws of said Company and the Resolu tion, set forth therein, are still in full force. My Commission Expires: .9 ~„ao''an~;;;F ~9 ~,YY 5 September 28 1g 87 a Notary Public in and for State of P ylvania Residing at Philadelphia Ray L. Lorah , Assistant Sec u and foregoing is a true and correct copy of a Power of Attorney effect. IN WITNESS WHEREOF, I have hereunto set my hand and BAR-1431 Ed. 6/79 RELIANCE INSURANCE COMPANY, do hereby certify that the ahove leid RELIANCE INSURANCE COMPANY, which is still in full force and any this 10" X day of 19 E9 Assistant Secretary al:l/iene CERTIFICATE OF INSSSF►NCE ` n 2 t , ' r';...+; ISSUE DATE (MM/DD/YY) 1 '4.20-89 PRODUCER ,y - - I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Callaway, Douglass & Associates, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P 0 Box 310 Augusta,' KS 67010 COMPANIES AFFORDING COVERAGE 1 COMPANY A i LETTER United States Fidelity & Guaranty Co. CODE SUB-CODE COMPANY B INSURED I LETTER e p COMPANY • Er,[ Dustrol, Inc. IVED i LETTER P 0 Box 308 Towanda, KS 67144 COMPANY D S LETTER 158 I COMPANY E' LETTER . COVERAGES -THIS IS-TO .CERTIFY-THAT._THE.POLICIES ,OF.INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED.ABOVE,FOR.THE, POLICY. PERIOD- INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO - 1 W~ TYPE OF INSURANCE POLICY NUMBER LTfl ; 1 POLICY EFFECTIVE IPOLICY EXPIRATION' 1 ALL LIMITS IN THOUSANDS DATE IMM/DD/YY) DATE IMM/DD/YY) I 1 GEN ERAL LIABILITY ! . GENERAL AGGREGATE 1$ 2,000 x COMMERCIAL GENERAL LIABILITY ' 1MP11099054000 PR ODUCTS-COMP/OPS AGGREGATE( $ 2 000 1-1-89 1-1-90 _ CLAIMS MADE (OCCUR i j i, PERSONAL 8 ADVERTISING INJURY $ 1 000 x _ OWNER'S 8 CONTRACTOR'S PROT.) EACH OCCURRENCE $ 11000 50 FIRE DAMAGE (Any one lire) $ I :MEDICAL EXPENSE (Any one person) 1 $ S r AUTOMOBILE LIABILITY i NED I , COMBI X X II ANY AUTO WNULE I $ LIMIT 7 550 ALL OWNED AUTOS BAP 102024604 _ _ 1-1-89 1-1-90 (BODILY _ t I I I 1 INJURY $ SCHEDULED AUTOS I q i ! ~(Per person)~ k HIRED AUTOS - - I I BODILY i ( x INJURY $ x [NON-OWNED AUTOS i j (Per accident) GARAGE LIABILITY I I ~I PROPERTY I I _ I DAMAGE I $ ] EXCESS LIABILITY EX EACH AG EGATE { OCCURRENCE I D $ 1$ ~OTHERTHANUMBRELLAFORM I ULC 11208283900 r~ , 1-1-89 1-1-90 1 2,0001 2,000 STATUTORY j WORKER'S COMPENSATION L 1 0 (EACH ACCIDENT) I ! 1 $ 10 AND 87 07591 89 6 ~ 11-1-89 ( 1-1-90 $ 500 (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY - i - (DISEASE-EACH EACH EMPLOYEE: I - I , $100 OTHER City of Denton is named.as add itional named insured as their interests may appear as respects General Liability i and Automobile Liability. I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ,CERTIFICATE HOLDER - !,CANCELLATION; r y=?,e,` ro+;"";,*,".; . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton, Texas EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Purchasing Agent MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901-B Texas St. C=aS LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR. cL'Denton TX 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Nl ARED REPRESENTATIVE I UJ ACORD 25.5 (3/88) D CORPORATION 1988 PURCHASING DEPARTMENT £-!y-of Denton 901-B Texas St. Denton. Texas 76201 Dustrol Inc. P.O. Box 1738 Roanoke, Texas 76262 BID INVITATION CITY OF DENTON, TEXAS q - ~tfiv yy MP's j~' 1 Date FEBRUARY 20, 1989 BID NUMBER 9958 BID TITLE RENTAL OF STREET CONSTRUCT EQUIPMENT AND OPERATORS Sealed bid proposals will be received until 2:00 p.m. u,n v , 1701 , at the office of the Agent, 901-B Texas St., Denton, Texas 76201 For additional Information contact ~HN J. MARSHALL, C.P.M. OT%RCHASING AGENT 0~ Office 817-5668311 TOM D. SHAW, C.P.M. ASSIST. PURCHASING AGENT FEDERAL IDENTIFICATION F NUMBER (FIN) 48-0800429 O URCNPI P DIFW Metro 817-267-0042 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate, on this form, prior to opening dale 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 con tractor 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. B. 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) ni.li nurusrx 77jo UIL0 r'n94J 'VJKL.'7 Page 2 of 6 TEM - DESCRIPTION - OUAN. PRICE AMO UP DAILY RENTAL RATE 1. Heater - truck mounted, radiant heat, propane fired, 12' X 24' insulated oven per day , la. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. t Heater Scarifier - truck mount, radiant heat, propane ' ' fired, 12 X 24 insulated oven, carbon tipped teeth per day z 5C '.a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. Distribution Mixing Recycler - meter liquid, (2) car- bide tooth mixing drums, reversable augers, vibetory screed . per day IQI~. ',a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. S0. Laydown Machine- barber green SA150 or Equal per day 750` a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. X50. Pneumatic Roller - Class B roller w/water per day a. Mobilization charge to include delivery, and pickup c as well as loading and unloading as required. ea. Tandom Steel Roller - 10-12 ton w/water per day 75 a. Mobilization charge to include delivery, and pic:cup as well as loading and unloading.as required. ea. ' o C~- TOTALS We quote the above f.o.b. Denton, Taxes. Shipment can be made in days from receipt of order. Terms net unless otherwise indicated. 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 constitues a contract. P 0 BOX 308 codling Aooress TOWANDA KS 67144 city state z,p (316) 536-2262 . Teiepnone DUSTROL, INC. 9ldoer Signature D. T. Dankert -President Title F 1311) NUMBER 9953 t5lU eKUf U5ALS - Page 3 -of 6 TEM. DESCRIPTION OUAN. PRICE AMOU 7. Milling Machine - track type caterpillar 450-or equal. per day $ 7a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. s 3. Liquid Tanker - 6000 gallon capacity minimum per day ` $ 50 3a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. 9 Pickup Broom - Mobile TE3 or equal er da ~90 p y J 3a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea 5pc •0• Water Truck - 1000 gallon capacity w/pump capabilities per day . 00,E .0a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea, ° 50.- II. Mini-Mill Catenillar RP75 orequal with 18" drum C goo . 12. Mobilization charge to include delivery, and .pickup as well as loading and unloadin,n, as - required. 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. -Denton, Texaa. Shipment can be made in days from receipt of order. Terms net unless otherwise indicated. 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 cotntitues a contract. P 0 BOX 308 I.rlling Address TOWANDA K 67144 City state no - (316) 536-2262 DUSTROL, INC. Signature D. T. Dankert President TUepntlne Title DATE March 21, 1989 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Riding Mowers for Parks Department RECOMMENDATION We recommend this bid be awarded to the low bid meeting specification for three $6,750 00 each plus the deluxe seat of $75 00 fo, a total cost each of $6,825 00 We are recommending the purchase of tl of the 72" mowers rather than 2-72" and 1-62" mower making the total award of $20,475 00 SUMMARY This bid was sent to sixteen prospective bidders in this area and received eight bids We have recommended the low bid meeting specificat The low bid submitted by Sam's Lawn Riders does not meet the specificatic as they bid a air cooled gasoline engine when we specified a water coolec diesel engine BACKGROUND Bid Tabulation and Memo PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED The City of Denton Parks Department a the City of Denton FISCAL IMPACT There is no additional impact on the General Fund(Motor pool replacement) Respect y /su/bmitte v Lloyd V Harrell City Manager Prepared by e o n J Marshall, C P M itle Purchasing Agent Approved l k2522G~-Gz ,e o n J Marshall, C P M isle Purchasing Agent n I I ° 1 a 1 I 71 I v ~ r• 1 1 nI m tit c N 1 4Y 1 .l I ?E' I 1 I 1 m -11 qY I 1 2 I Cf 1 I ' I 1 1 r I 1 I qpl 1 ml I 1 1 1 1 I 1 1 1 1 1 ~ 1 1 1 1 ~ N NI 1 1 I I I 1 1 1 I I 1 I I I I I I I I I I I 1 I I 1 1 I I I 1 1 I I 1 I I I I I I I 1 1 1 1 1 1 1 I 1 I I 1 n 1 ~Q I 1 1 r l 1 I I 1 9 -1 V 1 1 C I 1 1 N 1`JI I pl ~[I 1 O I f/1 I 1 S 1 1 a 1 I PI x)1 rtil .-U x ~)1 I .+1 nl I~YI -1 c l rt I I 1 z 1 ,Q 2~ L-f r- 1 Ql 1 O 1 •Q 1 Q] I ~ ~ m z l r In l n m I 1 P I 0 l I 1 1 p 1 p c 1 3C S+ Tf 1 1 isl 1 r)1 .U 1 S 1 M a 1T1 a i m O) m I O I p 1 1 I 3I m .Tl I a 1 .A I 1 1 9 1 H I I 1 I I 1 1 I 1 j 1 I I I 1 1 I 1 1 I I I 1 I I 1 1 I I j < 2 o• o I - m_ 1 n i V ! 1 1 1 +a . VI fJl l U I T U1 P 411 ~ I ~ I r7 I I a O O PI 1 I I I 1 1 1 n la r_1 m i m s s m i t row, Q i m r vo L! rs cn 1 o I m m ! V N I s I a x m I 1 ti 9 N N V I 1 Vl p C11 N 1 1 I I O` ty I I~1 I I a I ti N N 1 n I m N fJl ~N 1 Cl 1 [N IJ1 1 I :O I 1 O OI I 1 'J G 1 1 1 1 - 1 1 m a l a 1 a n Ql Sr 13f 1 L'f I -1 C V1 I ~ I S - I 1 r r 1 I r - 1 I m < 1 I i i uo K i a rs a s I m 1 u) W n $ 1 C1 - O ~i i ~ i z v VI .!1 ~ I F I I s P - P OI I 1 1 I _ o r o, m i m e ~ 1 n-11 x c I 1 z m x c m w ni ~ i o m ° i a I I ~ p~ -0 I I T JI I 1 1 1 < 1 1 I S -1 n m z 1 rn I c n N I A ^Q I .mil I I a ` 1 I uo I I T -J I 1 ti ~ K 1 r V Q) I I m r 1 1 U s z. ~ 41 _p 1 Ul P P 1 Cl I 1 ~ Z U CI P =~1 1 ) C O J1 I 1 I i i n In K- i r ULI I n LI rl y 1 - I J f. _ r_ N) I YI I C! Y1 O ♦ I 1 .2 V! CITY of DENTON, TEXAS Civic Center/ 321 E McKinney/ Denton, TX 76201 M E M O R A N D U M TO John Marshall, Purchasing Agent FROM Bob Tickner, Superintendent of Parks DATE March 14, 1989 SUBJECT Recommendation of Bid #991 We have reviewed the results of Bid #9961, riding mowers We wish to recommend the bid of Jacobsen Turf and Commercial, Dallas, Texas, in the amount of $6,750.00 per unit for a T422D water cooled diesel Turf Cat II 72" deck We wish to add the optional deluxe seat Model #69078 at $75 00 for a total of $6,825.00 per unit The low bid from Sam's Lawn Rider, Sherman, Texas, at $5,523 00 is rejected as not meeting specifications. Their unit is powered by an air cooled gasoline engine We also wish to purchase a third 72" mower to add to Bid item #1 in place of Bid Item #3, a 60" mower The additional cost difference of $427 00 is available in Motor Pool depreciation funds for the larger unit Please advise if more information is requested iL~ Robert K Tickner PARKS013 f9l c/Ya&G"4t711 << MClffl e,V"k"d W""W4 Denton Parks and Recreation / Denton, Texas / (817) 566 8270 r