1985-035
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 City Budget
for the appropriation of funds to be used for the purchase of
the materials, equipment, supplies or services approved and
accepted herein, and
WHEREAS, Section 2 36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000, and
WHEREAS, Section 2 09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance,
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 NUMBER ITEM NO VENDOR AMOUNT
9372 1 Kuhlmann Corporation $233,242 00
9385 1 Highway Machinery 27,925 00
9402 1 Cummins Utility Products 27,532 77
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
PAGE 1
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 19th day of February, 1985
CITY OF DENTON, TEXAS
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY -
PAGE 2
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Bid #9372
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT, made and entered into this 5 day of
Marrh g by and between the CITY OF DENTON, TEXAS, Party
of the First Part and hereinafter called the "Owner", and
Kuhlman Electric Company, Division of Kuhlman Corporation
198 Porter Street, Crystal Springs, MS 39059
of the Second Part and hereinafter called the "Contractor",.
WITNESSETH:
THAT WHEREAS, The Owner has caused to be prepared, in accordance with
law, specifications, plans and other contract documents for the work as
herein specified; and
WHEREAS, the said Contractor has submitted to the Owner a Proposal in
accordance with the terms of this Contract Agreement; and
WHEREAS, the Owner, in the manner prescribed by law, has determined and
declared the aforesaid Contractor to be the lowest and best bidder for
the said work and has duly awarded to the said Contractor a contract
therefor, for the sum or sums named in the Contractor's Proposal, a copy
thereof being attached to and made a part of this Contract Agreement;
NOW, THEREFORE, in consideration of the compensation to be paid to the
Contractor and of the mutual agreements herein contained, the parties to
these presents have agreed and hereby agree, the Owner for itself and
its successors, and the Contractor for itself, himself, or themselves,
or its, his or their successors and assigns, or its, his or their
executors and administrators, as follows.
ARTICLE I. That the Contractor shall furnish fob, Denton, Texas,
substation transformer complete as specified and required in accordance
with the provisions of the contract documents which are attached and
made a part hereof, and shall execute and complete all work included in
and covered by the Owner's official award of this Contract Agreement to
the said Contractor. ,
ARTICLE II. That the Owner shall pay to the Contractor for the work and
materials embraced in this Contract Agreement, and the Contractor will
accept as full compensation therefor, the sum
for all work covered by and included in the contract award, designated
in the foregoing Article I; payment to be made in cash or its equivalent
in the manner provided in the specifications attached hereto.
CA-1
ARTICLE III. That time of completion is of the essence of the Contract
Agreement, and that the Contractor shall proceed with the specified work
and shall conform to the following schedule:
(Guaranteed delivery date as shown in proposal data)
210 Days from Receipt of Order. Purchase Order #67408
~r
IN WITNESS WHEREOF, the parties hereto have executed this Contract
Agreement as of the day and year first above written.
CITY OF DENTO ERAS~<.. (SEAL:) }
By N^-.
ris 4rtun
Attest J
(SEAL)
Kuhlmarr,,Cor oration t--
H:D. Lewis, V. Prsn. Marketing
Attest ~7~cY3`c~mc \~c9t r
f ` P
`may`
The foregoing Contract Agreement is in correct form according to law and
is hereby approved.
Attorney for Owner
CA-2
Bid #9372
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that we,
hereinafter referred to as "Contractor", Kuhlman Corporation
and Insurance Company of North America, as surety
a corporation organized under the laws of the State of Michigan
and authorized to transact business in the State of Texas, as "Surety",
and held and firmly bound unto the CITY OF DENTON, TEXAS hereinafter
referred to as "Owner", in the penal sum of Two Hundred Thirty-Three
Thousand Two Hundred Forty-Two and no/100 dollars.
for the payment of which sum, well and truly to be made to the Owner,
we bind ourselves and our heirs, executors, administrators, successors,
and assigns, jointly and severally, by these presents:
WHEREAS, on the 18th day of March 19 85, the Contractor
entered into a written contract with the Owner for furnishing materials,
supplies, and equipment not furnished by the Owner, construction tools,
equipment, and plant, and the performance of all necessary labor, for
and in connection with the construction of certain improvements
described in the attached contract documents; and
WHEREAS, it was a condition of the contract award by the Owner that
these presents by executed by the Contractor and Surety;
NOW, THEREFORE, if the Contractor shall, in all particulars, well, duly,
and faithfully observe, perform, and abide by each and every covenant,
condition, and part of the said contract, and the conditions,
specifications, drawings and other contract documents thereto attached
or, by reference made a part thereof, according to the true intent and
meaning in each case, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if the Contractor shall fail to pay all just
claims and demands by, or in behalf of, any employee or other person, or
any firm, association, or corporation, for labor performed or materials,
supplies, or equipment furnished, used, or consumed by the Contractor or
his subcontractors in the performance of the.work, then the Surety will
pay the full value of all such claims or demands in any total amount not
exceeding the amount of this obligation, together with interest as
provided by law.
PB-1
THE UNDERSIGNED SURETY, for value received, hereby agrees that no
extension of time, change in, addition to, or other modification of the
terms of the contract or work to be performed thereunder, or of the
specifications or other contract document, shall in any way affect its
obligation on this bond, and the Surety does hereby waive notice of any
such extension of time, change, addition, or modification.
IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand and the
Surety has caused these presents to be executed in its name and its
corporate seal to be affixed by its attorney-in-fact at
Jackson. Mississippi on this the 18 th day of
March 19 85 .
(SEAL)
By
INSURANCE COMPANY OF NORTH AMERICA
(SURETY COMPANY)
By
~ v SEAL)' -F
(Attorney-in-fact)
Paul R. Pullen y
By rry
r
ate Representative)
(Accompany this bond with attorney-in-fact's authority from the Surety
Company certified to include the date of the bond.)
PB-2
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?PURCHASING DEPARTMENT BID INVITATION
City of Denton
901-8 Texas St.
Denton, Texas 76201 CITY OF DENTON, TEXAS
Date November 20, 1984
BID NUMBER 9372
BID TITLE 69 X 138/13.2 KV TRANSFORMER
Sealed bid' proposals will be received until 2:00 p.m.
hnNa ry 17 ]989
, at the office of the
Purchasing Agent, 901 -B Texas St., Denton, Texas 76201
For additional Information contact
JOHN J. MARSHALL, C.P.M. TOM D. SHAW, C.P.M.
PURCHASING AGENT ASSIST. PURCHASING AGENT:
Office D/FW Metro
817-566-8311 817.267-0042
INSTRUCTIONS TO BIDDERS
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)
Kunlman Corporation Quotation k6-1941-0 1/15/85
`BID NUMBER 9372 BID PROPOSALS Page of
ITEM DESCRIPTION DUAN. PRICE AMOUNT
1 Power Transformer:
69 X 138/13.2 KV as per specifications 1 277,130*
Sub-Section 2A of Detailed Specifications
Evaluated design (see our POB-1766)
Alt.l Power Transformer:
Similar to item 1 above except with higher losses but to er
initial price (see our POA-96) 1 233,242*
Alt.2 Power Transformer:
Similar to item 1 above except covering a 28 MVA
transformer, cooling type FOA with 750C temp, rise
similar to our Mobile type units (see our POA-95) 1 274,299*
* Above prices do not include short circuit test.
Price addition for this test would be $63,000.00
per transformer.
U bo
TOTALS
We quote the above f.o.b. Denton, Texas. Shipment can be made in 210 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. Bid valid 60 days from bid opening 1/17/85. '
198 Porter Street Kuhlman r oration
Mailing Address Blotter
Crystal Springs, Ms. 390591, N.D. Lewis
City State Zip Slgnature
(601) 892-4661 Vice President, Marketing
Telephone Title