1987-1600923L
NO
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 C,ty 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" attached hereto, are hereby accepted and
approved as being the lowest responsible bids for such items
BID ITEM
NUMBER NO VENDOR AMOUNT
9787 All Gilford Hill American $ 17,469 00
9773 All Vertical Pump ~ Motor $ 43,470 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
approVea and ai'~epted 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 1s in accordance with the terms,
conditions, specl£1catlons, standards, quantities and specl£1ed
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 o£ the submitted bids the City Council hereby
authorizes the expenditure o£ 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 6th day of October, 1957
ATTEST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 2
DATE October 6, 1987
CITY COUIICIL REPORT
TO Mayor and Members of the Ctty Council
FRU~! Ltoyd V Harrell, Ctty Manager
SUBJECT BID# 9787 20" CONCRETE PIPE
REC01~IEIIDATI,0H We recommend thru bid be awarded to the single bidder Gilford
Hill American m the amount of $17,469 00
SUI~tRRY This bid Is for the purchase of 29.5 feet of pipe and associated
fittings necessary to lower the 20" water line to allow for the construction of the
~'oodrow Lane BrJdge now out for bid
BACKGROUND Tabulation sheet
PRO~RAHS~, DEPAR11'IEflTS OR GROUPS AFFECTED,
Water Utility and Street DraLnage
F1SCAL II1PACT. CapJtal improvement Water Bond Funds
Account # 623-O08-OQ61-913g
Respectfully submitted
Lloyd V Harrell
City Manager
Hame Tom D Shaw, CPM
Ti tl e Assistant Purchasing Agent
Approved
/~{~,l,e\,/~o'hn 3 Marshall, C P M
~'7~J;)l~ Purchasing Agent
Z
0
Pl
0
Pl
Z
0
DATE October 6, 1987
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBdECT Bid # 9773 Vertical ~,mp &Motor
400WeoreC°ntmend this bid be awarded to the lowest bidder Peabody
RECOI~IENDAT)ON
Floway for q~43, 7
m
SUi4~ARY This bid was specified by Feese & Nichols, Inc We received four bids
and they have been reviewed by the Utility Department Freese & Nichols and
the Utility Board The low bidder is then being recommended This is for the
pump and motor only and does not include installation
BACKGROUND,. See memo's, Job sheet and utility board minutes attached
PROG~AMS. D£PARTNERTS OR GROUPS AFFECTED The Utilities Department 87 C I Project
for mheSe zmprovemen~s
FISCAL II~ACT Utility Funds only 623-008-0460-q106
There is no additional impact on the General Fund
Respectfully submitted
Lloyd V Harrell
City Manager
Prepared by
~'Tttle Purchasing Agent
Approved
TJ L1 e ~rchasing Agent
EXCERPT
PUBLIC UTILITIES BOARD MINUTES
September 16, 1987
8 CONSIDER BID OPENING #9773~ HIGH SERVICE PUMP #6 AT THE
WATER TREATMENT PLANT
Ham introduced the Utility Department's new Sr Engineer,
Lee Allison, and then gave the following overview
Bids were opened August 25, 1987, and the results were as
follows
Peabody Floway, Lewlsvllle, Tx $43,470
Goulds Pumps, Dallas, Tx $45,600
Peerless Pumps, Dallas, Tx $46,061
Layne ~ Bowler, Memphis, Tn $63,577
In line with the ongoing water plant upgrade to 30 MGD,
high service pump #6 is required to bring the firm pumping
capacity to 37 5 MGD This will provide the general
requirement to have high service pumping capacity of at
least 125% of maximum plant capacity This is an approved
FY 87 CIP project This bid pertains to pre-purchase of
pump and motor only to save cost and time Under a
separate future contract, the pump installation will be
accomplished
The Staff and Freese ~ Nichols, Consulting Engineers,
recommend award of the low bid of Peabody Floway in the
amount of $43,470
FY 86 CIP Budgeted amount $150,000
(pump and motor purchase and installation)
Recommended award $43,470
(pump and motor only)
Source of Funds Water Bonds
623-008-0460-9106
Thompson made a motion to recommend to the City Council
acceptance of the lowest qualified bid from Peabody Floway
in the amount of $43,470 Second by LaForte All ayes, no
hayes, motion carried
5074U 8
DAI~ October 6, 1987
CITY COUNCIL AGENDA ITEM
TO MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM Lloyd Harrell, City Manager
SUBJECT CONSIDER BID OPENING #9773, HIGH SERVICE PUMP #6 AT 'THE
WATER TREATMENT PLANT
RECOMMENDAIlON
The Pubiic Utiiities Board, at their meeting of September I6,
i987, recommended to the City CounciI approvai of the Iowest
qualified bid of Peabody Floway tn the amount of $43,470
SUMMAR___ Y
Bids were opened August 25, 1987, and the results were as
follows:
Peabody Floway, Lewisville, Tx $43,470
Goulds Pumps, Dallas, Tx $45,600
Peerless Pumps, Dallas, Tx $46,061
Layne & Bowler, Memphis, Tn $63,577
BACKGROUNq
In line with the ongoing water plant upgrade to 30 MGD, high
service pump #6 is required to bring the firm pumping capacity
to 37 5 MGD This will provide the general requirement to have
high service pumping capacity of at least 125% of maximum plant
capacity This is an approved FY 87 CIP project This bid
pertains to pre-purchase of pump and motor only to save cost and
time Under a separate future contract, the pump installation
will be accomplished
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED
City of Denton Municipal Utilities, City of Denton, Freese &
Nichols Inc , Manufacturer and the Citizens
5075U
FISCAL ~PACT
FY 86 CIP Budgeted amount $150,000
(pump and motor purchase and installation)
Recommended award $43,470
(pump and motor only)
Source of Funds Water Bonds
62~-008-0460-9106
Respectfully submitted,
Lloyd Harrell, City
Mana9er
Prepared by
C David Ham, Director
hater/hastewater Utilities
Approved by
R E Nelson, Executive
Director of Utilities
Exhibit I Project Location
II Bid Tabulation Sheet
III Minutes PUB Meeting of 9/16/87
5075U 2
APPROX: SCALE. 2" · 1 #ILE
:R PLAINT
CONTRACT AGREEMENT
STATE OF TEXAS I
COUNTY OF Denton I
THIS AGREEMENT, made and entered into this 27th day of October
A.D., 19~, by and between The Citv of Denton
of the County of
Denton
and State of Texas, acting through
;t~
Purchasing Agent
thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Peabody Floway, Inc.
of the City of
and State of
Fresno
, County of
Fresno
California
, 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:
Furnish one pump and premium efficient motor ($43,470.00)
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 the materials, supplies, machinery, equip-
ment, 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
1
10-15-71
to Bidders, and the Performance and Payment Bonds, all attached hereto,
and in accordance with the plans, which includes all maps, plats, blue-
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by FREESE AND
NICHOLS, INC., herein entitled the ENGINEER, each of which has been identi-
fied by the CONTRACTOR and the ENGINEER, 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 a written notice
to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are pro-
vided 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 Con-
tract, such payments to be subject to the General and Special Conditions
of the Contract.
IN WITNESS WHEREOF, the parties to these presents have executed
this Agreement in the year and day first above written.
ATTEST:
Purchase Order '81 1;2.?;
For Bid No. 9773
Citv of Denton, Texas
PartJ of the Flrst Part,
(SEAL)
ATTEST:
-~-"--::_-,
(SEAL) .. ,
2
10/22/73
~d:i S-~3-Y.;2J/
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF
I
I
KNOW ALL MEN BY THESE PRESENTS: That Peabodv Floway. Tnc
, of the City of Fresno
County of Fresno
, and State of
California
as PRINCIPAL, and ;J4"v-_LAAA'A~ ~~J-4i ~~ /
~4~, tAf/Yl7.-?xd~A) , as SURETY,
authorized un r the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto the City of
Denton, Texas
, as OWNER, in the penal sum of Forty-Three
Thousand, Four Hundred and Seventy
Dollars ($ 43.470.00
)
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 -2l1hday of October , 19~, for the con-
struction of
Furnishing of one pump and one premium efficiencv motor
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 faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and cove-
nanted 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;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
3
10-15-71
American Casualty Company
of Reading, Pennsylvania
CNA
For All the Commitments You Make1'-
Offlces/Chlcego, illinois
"
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and
eXIsting under the laws of the Commonwealth of Pennsylvania, and having Its princIpal office In the CIty of Chicago, and
State of illinoIs, does hereby make, constitute and appoint Ga rv E. Smi th. Arthur C. Chri stoffersen.
William C. Zia, Catherine M. Lindsay, Individually
of Parsiooanv. New Jersev
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute In Its behalf bonds, undertakings and
other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bmd AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such mstruments were
signed by the duly authorized ottlcers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney
pursuant to the authority hereby given are hereby ratified and confirmed. '
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company:
"Article VI-Execution 01 Obligations and Appointment 01 Attorney-in-Fact
Section 2. Appointment of Attorney-in.fact. The President or Vice President may, from time to time, appoint by written certificates attorneys.
in-fact to act in behalf of the Company in the execution of policies of Insurance, bonds, undertakings and other obligatory Instruments of lIke
nature. Such attorneys-m-fact, subject to the limitations set forth in their respective certificates of authOrity, shall have full power to bmd the
Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Vice
PreSident or the Board of Directors may at any time revoke all power and authority previously given to any attorneY-In-fact."
ThiS Power of Attorney IS Signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 11th day of November, 1966,
"Resolved, that the signature of the PreSident or a Vice PreSident and the seal of the Company may be affixed by facsimile on any power
of attorney granted pursuant to Section 2 of Article VI of the By.Laws, and the signature of the Secretary or an Assistant Secretary and the
seal of the Company may be affixed by fascimile to any certificate of any such power, and any power or certificate bearing such facsimile
signatures and seal shall be valid and bindmg on the Company. Any such power so executed and sealed and certIfied by certificate so executed
and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and binding on the Company."
In Witness Whereol, AMERICAN CASUALTY COMPANYOOtFhREADING, PENNSYLV A has caused these presents to be Signed by it:;..v,ce
President and its corporate seal to be hereto affixed thiS 1_ day of , 19 ~
State of IllinoIs) 55
County of Cook I
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~,~L-<--~~t (
J_ E. Purtell
Vice President.
On thiS 10th day 01 Jul V , 19~, before me personally came
J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides In the Village of Glenvlew, State of Illinois; that he IS
a Vice-President of AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA, the corporation described m the which executed the above
Instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument IS such corporate seal; that It was so affixed
pursuant to authOrity given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
~4~
Leslie A. Smith Notary Public,
CERTIFICATE My Commi ssi on Expi res November 12, 1990
I, M_ c_ Vonnahme, ASSistant Secretary 01 AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do certify that the Power of Attorney
herein above set forth is stili In force, and lurther certify that Section 201 Article VI of the By-Laws of the Company and the Resolution of the Board
of DIrectors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto 'subscribed my name and affixed the seal of
the said Company this 27th day of October ;,iY' _, ~~, -~ ~ '-- -
8-23142-D
- ----.
- '-:,- <
_a~~'
~ ~ ~ .
-' -/
. -
INV. NO_ G-56625-A
ACKNOWLEDGMENT OF ANNEXED INSTRUMENT
STATE OF New Jersey} - 55.:
COUNTY OF Morris
On this 27th:layof October
19
87
, before me personally came
Arthur C. Chri stofff'rsf'n who, being by me duly swarn, did depose and say that he is an
American Casualty Company
Attorney.in-Fact of the. of Reading; Penna. , and knows the corporate seal thereof; that the
.
Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he signed said In-
seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the
strument as an Attorney-in-Fact of said Company by like authority.
My Commission Expires
ITA TH~i(iNE' M. UeJDSA y'
iKlT ARY f':CL;~iC OF N~VJ JERSEY
!~tw <rommi:sio:1 E."p;r~s r..\ar. 26, 1~91
ACknowledged and Sworn to before me
on the date above written
~"':j.) ~~.c -_~
(Notary_~Ubli~r v-//
/
FOt'm21.1~IOJIRh' s-81)
"'-:'"".
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