HomeMy WebLinkAboutResolution - 365 - Contract - ITT Meyer Industries - 138 KV Tubular Transimission Structures - 12/12/1979.cl
RESOLUTION
Bid #5566
NO. 365 12-12-7
WHEREAS, the City of Lubbock is desirous of entering into a Contract with
ITT MeyerIndustries for the purchase of 138 KV Tubular Transmission Structures
by the City from Meyer Industries, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the 'City of Lubbock a Contract for the
purchase of ]38 KV Tubular Transmission Structures from ITT Meyer Industries by
placing his signature on the Supplemental Agreement attached and made a part of
the Bid Proposal submitted by ITT Meyer Industries, attached herewith which
shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 12th day of December ,]979.
ALAN HENRY, YOR PRVEM
ATT�STi r
Evelyn Ga fga, City 6eWary-Treasurer
APPROVED AS TO CONTENT:
&A4,v - 4Q
Carroll McDonald, Director of ities
Sales and Service
APPROVED AS TO FORM:
avid W. Reagan, As t. .ty Attorney.
f t 1
P. 0. Box 114
_ fled Wing, Minnesota 55056
Telephone (715) 792-2811
November 14, 1979 Telex: 29-7472
Mr. Floyd P. Nesbitt, Purchasing Agent
City of Lubbock
Purchasing Department
P. 0. Box 2000
Lubbock, TX 79457
Subject: 138 KV Tubular Steel Transmission Structures
Lubbock RFQ #5566
Meyer Proposal 8159
Hear Mr. Nesbitt:
Enclosed is our proposal for the subject tubular steel transmission pole require-
ment. This proposal is based on furnishing single piece, sealed structures
finished with the Meyerlite coating system. This system consists of a zinc rich
primer and vinyl copolymer topcoat applied to a total dry film thickness of 5.0
mils. Anchor bolts are not included in these prices since they have been fur-
nished by another supplier. However, our structures have been designed to ac-
commodate those anchor bolts as identified in your bid request.
The prices reported on the enclosed structure tabulation are subject to escala-
tion in accordance with paragraph 5 of the enclosed Terms and Conditions of
Sale. July, 1979 will be the "base" month and the month prior to shipment
will be the "final" month for escalation purposes.
Meyer Industries has available a safety climbing device which is adaptable to
these structures. Should you be interested -in -information regarding this
device, please do not hesitate to contact the writer.
This transmittal with its attachments and enclosures constitutes our proposal.
Should you have any questions regarding the content of any of the enclosed,
please do not hesitate to contact our local sales representative, McKinley
Sales Company, or me at the above address.
Very truly yours,
ITT MEYER INDUSTRIES
WR.J. Montambo
Area Sales Manager
RJM/tt
Enclosures: City of Lubbock RFQ Form:,
Formal Proposal Sheet
Standard Form of Supplemental Agreement
Engineering Design Calculations
Five Percent Bid Bond
Proposal Clarifications
Meyer Terms and Conditions of Sale
cc: McKinley Sales Company - Jimmy Jones
11
Ing. Department
CTIT bF &MBOCK
P. O. Banc 2M
LtabboCk Tease 7M7
Telephones:
762-6411
Ext. 2165 - 2166 - 2167
CITY Or LUBBOCK I+Io_ 5566
REQUEST FOR QUOTATION (Number must appear on ALL
eosrespondanee)
THIS IS NOT AN ORDER 2:00 P.M.
eosin=
Maned 11-6-79 Date 11-19-79
S E
Meyers Industries 1 0146STRU T ION
c/o McKinley Sales Company .. - - -
5205 W. 36th Street . . . 7 ..1.
. TO B I D [0) E R S
Amarillo, Texas 79109
_J ON REVE'RSE
se quote us on articles listed below. Mw right is res"wd to adv � SIDE
an cr part of your ether. and to accept the oder the City wtudders the raosi antageous.
Jliberaates acceptable 9 in the Cty's opinion the necessary nvubetneals are met. Any
rMestions as tie quantity to secure a better price are welcome. -
�y
Thew eolumtu to be filled
in by rm quo ng
nor
re.
QUANTITY
UNIT
O[iCRI�TION
iRANO
UNIT
TRIC[
TCTAL
"Cr rRICC
peuv[RY
1.
34
Each
Steel Pole Structures
340,146
CURRENT E TIMATED F EIGHT --
42,700
Design Specifications Attached
"NOTE"
Item IV of Supplemental Agreement
Should read:
Bidders are required to -submit a
cashier'' s or• certified check or bid
-bond in the amount of 5% of the _ ....
total bid. NOTE. Freight. as not ben includel
in the ieported
•1 - prices.- Current -e timated
Item XIII delete.
eight is
$42,700
Item XIV delete. for eval ation pur oses. Actual
frei
ht will
be preps d and inv iced separately
at
time of
The name City of Lubbock &Lubbock shipment. Structur
prices
re subject
Power &'Light are synonymous. to escala ion -using
July, 19J9
as the
base monti in accor
ance witt
paragrapf
The terms & conditions set forthtb► 5 of the nclosed
rms and
onditions
the City of Lubbock prevails. Any of Sale. -
other terms & conditions set forth
byp the vendor Will not be considered.
Eal bid Brost be sealed in separate envelope, addressed to Floyd P.. Nesbitt, Director of
Purchasing, city of Lubbock, Box' 2000, Lubbock, Texas 79457, and have BID NUMBER
and CLOSING DATE MARKED ON OUTSIDE OF ENVELOPE.
ALL BIDS MUST BE QUOTED F.O.B. LUBBOCK. Pricing See Above.
um unless of erwise s a e
Terms % 100% Net 30 Minimum of 15 days from receipt of merchandise must be allowed on all cash discounts.
Shipment will be made from Hager City, Wisconsin
For Additional Information, Contact 11Sr. Joe Graham. L806) 762-6411, Ext. 2551
The undersigned hereby offers to furnish and deliver the articles or services as specified above at the priemand terms stated and to strict accordance
with the specifications and Genera! Conditions of Bidding on reverse side hereof. all ofwWr am a part of this -c) ~I n, �iL681'd3RCe with
Meyer Proposal dated November 14, 1979.
Date November 14 .19 79 signed sy,, `• • � - =y !-�'� -�°��
ALL BIDS MUST BE siGNE'D. G. 1. Roberts
FORMAL PROPOSAL SHEET
138 KV TRANSMISSION LINE
STEEL POLE STRUCTURES
FOR
LUBBOCK POWER AND LIGHT
The supplier will submit the following information:
1. 120 days after receipt of order, shop drawings for approval
are to be received by the Engineer.
2. N/A days after shop drawings are approved, anchor bolts are
to be shipped to Owner.
3. 210 days after receipt of order, steel poles are to be shipped
to Owner.
r 4. Supplier to check the appropriate blank
a. * Poles to be one section fabrication.
b. Poles --to-be- -two--section--fabr-ication.
c. Poles to be combination of more than two section fabrication.
The -number -of sections for -each structure is to be shown on proposal
sheets -2 and 3 in the appropriate column.
5. The supplier -is to list the grade, the applicable steel specification,
and'the name and/or type of any testing procedure to be conducted prior
to final fabrication of"all materials to be used in fabrication.
a. PSI Rating 65,000
b.- Steel Specifications ASTM A-572
C. Testing Procedure AWS D1.1
(If none - state none)
ITT MEYER INDUSTRIES
P. 0. Box 114
Red Wing, MN 55066
1
Proposal Sheet 1 of 4 i
Proposal Sheet 2 of
STRUCTURE TABUTATTON
STRUCTU7,
N0.
HEIGHT AND TYPE
NO;. OF
SECTIONS
TOTAL
WEIGHT
PRICE/
POUND
TOTAL PRICE
1
106'
TUS-2 Type 4 D.E.
1
17,063
.67
$ 11,419
IA
S-2 Type 4 D.E.
1
16,404
.74
12,070
2
No bid required
X
x
X
x
3
No bid required
X
X
X
x
4
No bid required
x
X
X
x
5
100'
'TUS-2 Type 2X
1
9,076
.87
7,859
6
110`
SUS -2 Type 2X
1
10,609
.86
9,059
7
TITS-2.Type 2
1
8,388
.98
8,200
8
TUS-2 Type 2
1
7,109
1.00
7,102
9
�TUS-2 Type 2X
1
8,379
.87
7,257
10
95'
tus-2 Type 2X
1
8,229
.87
7,126
11
8.51
'TUS-2 Type 2X
1
7,982
.87
6,913
12
.85
TUS-2 Type 2X
1
7,982
.87
6,913
13
T{TS-2 Type 4 D.E.
1-
' 17;8147
- .68-
- 1-1-2975-
14
TUS-2 Type 4 D.E.
1
24,227
.67
'i 16-9213
15
No bid required
X
X
x
x
16
No bid required
x
x
x
X
17
80'
-2 Type 4 D.E.
1
15,515
.70
10,726
18
No -bid required
x
x
x
x
19
100'
TUS-2 Type 4 D.E.
1
24,169
.68
16,246
20
No bid required
X
x
x
21
No bid required
x
x
x
x
22
90'
TUS-2 Type 4
1
9,675
.83
8,025
No bid required
x
X
x
x
Subtotal Page 2 $ 147,103
Proposal Sheet 3 of 4
STRUCTURE TABULATION
STRUC
Y
NO. OF
TOTAL
PRICE/
NO.
HEIGHT AND TYPE
SECTIONS
WEIGHT
POUND
TOTAL PRICE
24
No bid required
X
X
X
X
95'
25
TUS-2
Type
3 (Special
) 1
18,136
.75
13,544
00
26
TUS-2
Type
3X
1
9,635
.89
8,567
27
TUS-2
Type
3
1
8,781
.96
8,393
0
28.
-TUS-2
Type
3
1
9,439
1.01
8,829
29
TUS-2
Type
3
1
79'935
.96
7,584
801
30
TUS-2
Type
3
1
6,382
.98
6,251
31
95'
TUS-2
a
3Y
1
8,031
1.03
8,277
95'
32
-
TUS-2
Type
3-
1
7
.96
7-935 584
100'
33
TUS-2
Type
3X
1
9,635
.89
8,568
95'
34
_
28, 180
.66
18,429
100'
35
-2
e
3X
9,635
.89
$ 56
95'
36
_
TUS-2
e
3
1
8,976
189
7,981
90'
• -
37
TUS-2
Type
3 -DE.
1
25,949-
.66
16,972:
38z7---
_
90,
TUS- 2
'hype
3X
1
89-
7,472
39
90,
S-2
Type
3
1
-,B-,400
7,470
X96
7,140
95special
40
S-2
Type
3
1-
18-,400
.76
14,001
85'
41
TUS-2
Type
3
1
T,021
.96
6,714
105'
42
"TUS-2
Type
3
1
9,439
.94
8,828
43
120'
1
28,906
.67
19,342
Subtotal Page .3 $
Total Proposal $
193,043
340,146
a
S. Proposal Submittal
1. The -proposal from each supplier is, to be submitted on the attached
bid sheet with all information furnished thereon, and all other
information requested in these specifications attached to the
.proposal._ Any proposal not complete, may be rejected as non-
responsive.
After acceptance and evaluation of all proposals by the Purchaser,
the successful Bidder shall be notified and become the Manufacturer and
all references in the Proposal to Bidder shall apply to the Manufacturer.
The proposal must be signed with the full name of the Bidder. If
the Bidder is a partnership; the proposal is to be signed in the part-
nership name by a partner. If the Bidder is a corporation, the
proposal must be signed in the corporate name by a duly authorized
officer and the corporate seal affixed and attested to by
the secretary of the Corporation.
ITT MEYER INDUSTRIES _
(Bidder)
By ,
Vi (President)-Diirector o ar eting
P. O Box 114
Red Wing, MN- 55066
(Address)
ATTEST:
(Secretary) /
Date. November 14, 1979
.,
STANDARD FORM OF SUPPLEMENTAL AGREEMENT
TO BID PURCHASE CONTRACT
CITY OF LUBBOCK, TEXAS
I.
This Supplemental Agreement must be kept intact with all bids, otherwise
the bid will be considered informal. This Supplemental Agreement shall sup-
plement and be part of all bids submitted to the City of Lubbock, Texas, and
shall become part of the agreement entered into with the successful bidder.
II. '
The City of Lubbock, hereinafter called "City", and the successful bidder,
hereinafter called "Contractor", agree that -Contractor shall perform in ac-
cordance with the Bid Agreement specifications and for the consideration there-
in stated.
For the purposes of this Supplemental Agreement, "Bid Agreement" shall
mean that Bid Response submitted by the successful bidder, as awarded by the
City, together with this Supplemental Agreement.
IV.
-Each bid must be accompanied by cash -or -certified check of the --bidder in
the -amount of -5% of the bid. Such cash or checks will be returned to all
except the three lowest bidders within five days after the opening of bids.
The remaining cash or checks will be returned -promptly after the City has
accepted -a bid -and executed -a contract,..or-if no award has been --made within 30
days after the date of -the opening .of -bids, upon demand of the bidder at any
time thereafter, so long as the City has not accepted the bidders bid.
V.
Contractor shall indemnify, keep and save harmless the City, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims,
patent claims, suits, liabilities, judgments, costs and expenses, which may in
anywise accrue against thg City in consequence of or through the negligence or
omission of the Contractor or his employees, of the subcontractor or his em-
ployees, if any, or the Contractor's assignee or its employees, if any, and the
contractor shall, at his own expense, appear, defend and pay all charges of
attorneys and all costs and other expenses arising therefrom or incurred in
connection therewith, and, if any judgment shall be rendered against the City
in any such action, the Contractor shall, at his own expenses, satisfy and
discharge the same. Contractor expressly understands and agrees that any bond
required by this contract, if any, or otherwise provided by Contractor, shall
in no way limit the responsibility to indemnify, keep and save harmless
and defend the City as herein provided. -
VI.
If Contractor fails in any manner to .perform and carry out each and all of
the terms, covenants and conditions of the .contract, he shall be in default and
notice in .writing shall be given him of such default by the Purchasing Director
of City. If Contractor fails to cure such default within such time as may be
required by such notice, City, acting by and through the Purchasing Director or
the director of the department for which"the contract is made, may at its
option terminate and cancel the contract, and, at the expense of Contractor and
his or its surety, if any, complete the contract, or cause the same to be
completed. In the event of such termination, all monies due Contractor under
the terms of the contract shall be retained by City, but such retention shall
not release Contractor or his surety, if any, from liability for his default.
In such event, however, Contractor and his surety will be credited with the
amount of money so retained toward any amount by which the cost of completion
of the contract, as above provided, exceeds the contract price. Such termi-
nation shall not effect or terminate any of the rightsofCity .as against
Contractor or his surety then existing, or which may thereafter accrue because
of such default, and the foregoing provision shall be in addition to all other
rights and remedies available to City under the law. The waiver of a breach of
any term,.covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant or condition hereof.
VII.
It is hereby expressly agreed and understood that time is of -,.the essence
for the performance of this contract, and any failure_ by_ contractor to meet
the time specifications of this agreement will cause Contractor to be in de-
fault of this -agreement and entitled the City to proceed as provided -in par-
agraph VI. Performance of this contract is to begin on the 15 day of
December 1979 , and performance -will be completed on the 31
day . of July , 1980 .
VIII.
- Any submitted bid containing any change, modification, limitation, or
alternative from the conditions of the invitation to bid shall clearly and
distinctly be identified by the bidder and bidder shall state its effect. Any
change, modification, limitation, or alternative not so clearly identified and
explained shall be of no force br effect whatsoever.
IX.
The Contract shall be formed and binding upon all parties at the time of
acceptance by the City of Lubbock. Acceptance by the City of Lubbock is the
official act of the City Council of the City of Lubbock accepting the bid of
the successful bidder. The successful bidder will be notified of acceptance
within ten days after such acceptance.
X.
It is agreed that -this contract -and all rights of Contractor herein shall,
at the option of the City of Lubbock, terminate upon the Contractor being by
any Court adjudged bankrupt or insolvent, or upon the Contractor making an
assignment for the benefit of creditors.
XI.
All applicable State of Texas laws and City of Lubbock ordinances appli-
cable to this contract shall apply to the contract throughout, and they will be
deemed to be included in•the contract the same as though herein written out in
full.
XII.
The City reserves the right to reject any or all proposals and to waive
any informalities and irregularities in the bids received, and to accept any
bid which is deemed most favorable to the City.
XIII.
None of the wo -.N services covered by this contract,- ha, -be subcontracted
�or assigned with e prior written consent of the City`;] �� J
xlv.
The City w 1' Iain 10% of the contract amount until uc� me as the
PurchasingDirt of .the..Cit ` '`
19 y certifies to the:Ci.ty Se
that-the con-
. - tract has belly performed.
XV.
i
-Within ten days after notice to -contractor of acceptance of the --Bid Pro-
posal, the Contractor shall furnish a Performance Bond as security for faithful
performance of this contract. Such Performance Bond shall meet the requirements
provided in Vernon's Ann.Civ.St. art. 5160.
XVI.
The validity, interpretation and performance of these Terms and Condi-
-tions, as well as any Contract -which may result between the parties, shall be
governed by the laws of the State of Texas.
XVII
Bid Proposals may be withdrawn only up to fifteen days before the sched-
uled date that such proposals are to be presented to the City Council for
review and acceptance.
a
XVIII.
Contractor warrants that the specifications of the equipment, materials,
and/or supplies, as provided for in this agreement, will and always comply with
the minimum requirements contained in Contractor's bid proposal number 8159 ,
dated -Nvttembet- j+- }'974 December 1.2, 1979
CITY OF LUBBOCK
HENRY YOR PRO EM `
ATTEST:
Evelyn Ga ga, City"lary-Treasurer
APPROVED AS TO CONTENT:
APPROVED AS--TO-FORM:
ell
Assistant -City At y
CORPOR.A:TION: ITT MEYER INDUSTRIES
i
Vice PresideDirector of Marketing
ATTEST:
November 14, 1979
SEABOARD SURETY CO-M,
PANY
Y
HOME OFFICE: NEW YORK. N. Y.
PROPOSAL BOND
Know all Arn bg t4ta Itru.eutg:
THAT WE, ITT MMM MUSTRIE'S, A DIVISION OF ITT GRINNELL CORPORATION
RED VING, PMDMOTA
as principal, and SEA!;', -)ARD SURETY COMPANY, a' corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto
CITY OF LUBBOCK, TEW
as obligee, in the sum of FIVE (5%) OF AMOUNT BID
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 19th day of November 19 79.
WHEREAS, the said principal is herewith submitting its proposal for
34 TUBULAR STEEL STRUCTURES
THE CONDMO14 OF THE ABOVE OBLIGATION IS SUCH, that- if the -aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
unto the obligee the difference in money between the amount of the bid of the said principal and
the amount for which the obligee may legally contract with another party to perform the said work
if the latter amount be in excess of the former; but in no event shall the surety's liability exceed
the penal sum hereof.
ITT ?MM INDUSTRIES, A DIVISION OF
ITT GRINNEILL CORPORATION
Principal
\ .�- �f
• Vice ares i dent- Director of Ma_rketing
SEABOARD S ETY/COMP
�I�TY
Form 136 � ' Attoimby in Fact
I
ACKNOWLEDGMENT OF PRINCIPAL
:f
For Individual or
Co -Partnership
STATE OF MINNESOTA,
}SL
COUNTY OF
On this I day of 19__.., came before
me personally to me
well known to be the same person who executed the foregoing bond, and each severally acknowledged
the same to be his own free act and deed.
Notary Public, County, Minn.
My commission expires
SURETY ACKNOWLEDGMENT
STATE OF MINNESOTA,
aa.
COUNTY OF RAM=
On this 19th day of Noxember , 19-7.91— before me
appeared R. T._ DMUM
to me personally known, who, being duly sworn, did _say that he is the Attorney-in-fact of the
SEABOARD SURM COMPANY
that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said
Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors,
and said R. L. DOK= acknowledged said instrument to be the free act and deed of
said corporation.
- rY NoUry Public; Ramsey County, Minn.
r 4.7--- a
MY commission expire
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF /J ' i � _.' C=`. �t for Corporation
53.
COUNTY OF!° =' ' I L l,•(I
On this 19th da of November 19 79
Y before me personally came
George I. Roberts
to me known, who, being by me duly sworn, did depose and say; that he resides in Red Wing.
Minnesota thatheisthe -Vice President -Director of Marketing
of the - ITT MEYER INDUSTRIES, A XMION OF PLT GR_�G`►'T• C0gpMUTTCff
the corporation described in and which executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
• order of the Board of Directors of said corporation, .and that he signed his name thereto by like order.
Notary Publi N. o. KURLMEY
n.
%MX COMMUSiON exPIFVS-E=Pr. 0. 190
My commission expi•
7— Aed
,
Certified Copq L11s,Vt(l.Vin �I'I2l-rN..
.�1'
170. 7784 New Voim, NEw YORK .
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARDSURETY COMPANY, a corppooratinn of the State
1 _ of New York, has made, constituted and aplxtintcd and by these presents does make, constitute and appoint Litton E. S. Fie!
or R. L. Domler or F. E. Launstein or. L. L. Bakken or Iloward R. Bryden or Oke O. 1• lartinson--------
of St. Paul, Minnesota
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: Without Limitations.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the -acts of said ;Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Com-
pany on December 8th, 1927, with Amendments to and including April 6, 1978 and are still in full force and effect:
i
ARTICLE VII, SECTIO' I:
"Policies, bonds, recognisances, stipulations, consentsof surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds, recognizances• stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder. shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Viet President or a Resident Vice President and by the Secretary, an Assistant Secretary.
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chair-
man of the Board, the President or a Vice President to make such signature; or (e) by such other officers or representatives as the Board may
from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer. Attorney -in -Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice -
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this _..11th ........ .
dsy of ...........F.0; ?g.�!... .................. 1976....
Attest:
SEABOARD SURETY COMPANY,
Anita J. Leonard By R. T. Gundersen
(Seal) ............... ......... .......... _.............. ....... ................ .........,......__..........................................................
Assistant Secretary Vice -President
STATE OF NEW YORK
COUNTY--OF-NEW YORK ss.:
On- this -.....11th ................. day - of _............-_... ..-......... February 19.. 76..... before_ me personally appeared
ary
_.....__ .Rz::Ts.,Gundersen,,,;••.•„_,,....—.__.,,-_.--.___-...... a VicePresident of SEABOARD SURETY CQDIPA\Y,
frith- whom 3 am personally acquainted, who, being by- me duh• sworn, said that he resides in the State of ..... New .Yor
that he is a Vice -President of SEABOARD SURETY C011VANY, the corporation described in and which executed the fore-
-going instrument; that he knows the corporate sealofthe said Company;. that the seal affixed to said instrument is such corporate
seal; that it was soaffixedby order of -the Board of -Directors of said -Company; and that -he signed his name thereto as Vice
President of said Company by like authority.
State of New York
No. 43-8468870 Qualified in Richmond County
Cert. filed in New York County
Commission Expires March 30, 1980
(Seal) Margaret 1.1. Quinlan
.......»... _................................................--...................
Notary Public
CERTIFICATE
I, the undersigned Assistant Secretary of SEABOARD SURETY CO\IPA\I' do hereby certify that the original Power of Attorney of which
the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President
who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as prodded in
Article \'Il, Section 1, of the By -Laws of SEABOARD SURETY CO\IPA\Y.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA-
BOARD SURETY COINfPA\Y at a meeting duly called and held on the 28th daw of lune 1978.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary
on any certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section
1, of the By-laws appointing and authorizing an attorney-in-fact to sigin the name and on behalf of the company surety bonds, underwriting -
undertakings or other instruments described to said Article VII, Section 1, with like effect as if such seal and such signature had been manually
affixed and made, hereby is authorized and approved”
t IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Compan to these presents this
._..... -...... .......». day of.....1Povtmber........................._....................... 19...79....
,
OSURE1y
�Pe;
r"et 1927 1= Assistant Secretary
Nl <
�Or RE'MA
Yw 1137 (R... 6-781
. • + i
Cl ty of . Lubbock RFQ 5566
138 KV Tubular Steel Transmission Structures
Meyer Proposal 8159
PROPOSAL CLARIFICATIONS
With reference to paragraph C.I.E., Mill Test Reports will be furnished
after fabrication. It is not possible to furnish the Mill Test Reports
prior to fabrication and provide a tracing to which structure each piece
of material was utilized. Meyer Industries will provide Certified Mill
Test Reports with a Meyer Traveler noting material traceability after
shipment of structures. _
Meyer proposes to use the Meyerlite Coating System which is manufactured
by the Napko Corporation in Houston, Texas. This differs from your*Sec-
tion G.1. Should you require further information on this system, we
would be pleased to coordinate a meeting in your offices with represen-
tatives of the Napko Corporation.
We are furnishing structures with the intent that anchor bolts have been
furnished by another supplier. However,the concrete strength must be
increased to 4,000 PSI for foundations for structure numbers 8 and 12.
A new anchor bolt cluster must be ordered for structure number 7, and
will weigh 1,100 pounds and be priced at $1,334.
The arms on these structures were governed by a 7.5 kip longitudinal
load. The tapered change in each of the sections of these shafts have
been limited to a maximum change of 0.3 inches per foot.
With reference to paragraph 5 of the General Conditions of Bidding,
this will clarify that our proposal is based upon receipt of the entire
baseroposal bid upon (not including the anchor bolt cluster referenced
above.
We'" reques-t that- paragraphs P and =Q' addressing inspection- and acceptance
_and rejection of material be superseded -by Meyer paragraph 16, Warranty
and -Limitation: -of --Liability. --With regard to :page 13, Warranty, Meyer
Industries_' Warranty for products t -o be furnished under this proposed
contract is defined in -paragraph 16 of the enclosed Terms and Conditions
-of Sale. - Because -of unusual aspects -of this procurement, we must take
the position that the third paragraph of clause 16 supersedes paragraph
R of the Specification. Specifically, in as much as 1) anchor bolts
were designed and furnished by others, 2) pole designs and loadings have
been defined by others, and 3) both of .the above circumstances have a
restrictive effect on the design of structures to be furnished, we feel
that -it would be virtually impossible to determine responsibility should
a failure occur.
Referencing your Standard Form of Supplemental Agreement, this is accept-
able with the exception of clause V. We request that the clause be
superseded by Meyer paragraph 16, Warranty and Limitation of Liability.
We also assume a typographical error in your clause XVIII in the
second line where it says "...will and always comply." This should
say "...will in all ways comply."
The enclosed prices are on the basis of FOB Plant, freight prepaid
and added to the nearest accessible rail siding in the vicinity of the
Ca r
8159
TMUS AND CONDITIONS OF SALE City of Lubbock RFQ #5566
(YT MMR INDUSTRIES
(i) VAUDITY OP PROPOSAL M BACKCHARG93
M1 r P-9— mb' dnsd Is /!doth 1. wmf taw .w w 'r --m .ad All (h.elew shs4 w des .roe on.b(e .rhes wthmnt.d M1r vn+n.,tt ht .tta6,.
)Galli enattmtn.d Korean W L eotwltlaaed uona reMpt K the more ane. age the rorl'an K ogees Tensa eM Comdltiom captioned -Forman
W� ,.Mt N(len n Ito" Wing. /Ineii.K`et� Aespuoee `i.t4 N e~MerKfd 1f ,ew at Tthr er"r"s" due Myer wail be funds. Iau sppeciffiically as, ,eda la 1.wnt ng
dyer Insmtiteg Its Sales Actnomledemont roan. The Sean. Attutnoledgman by X K. gflflemMl K any amounts due BYyK weti Of raoWe.e Y
**&we MrethK web any documents erlY Incorporated eaCred [rain. g " esus -ate the rate items and out a. offaats !/!hour !mous" tnhacwlao due Yfysr frim
and Meet he ed.nssd /repro t Id .oris( /idp.l O! Ytgdr Ed7K aK Pr d. saw h.roYodet:
'- Aaeeptaaee b! M.yor of the Euygrl elder I. oxvreaey Radiad to the ?Was (3) RWMRNS
eat ConaitMete slated neretq any addluoas4 Inconsistent or different tarns
and eanilltl.n. eontatnnd 4 the surers parch&" order ae .the deotm.staAA���� !'rednrts deKrfbod Kerwin may net be returned to Koper for mW so.*
var0od by Buyer aro .!moray rojectsd. Wtti.Yt Prtar Written autbor,-a-oe from Ko7K.
Ci SHIPMENT. TITLE,. RISK OP LOSS
AD Prices tl'NOMd are r.O.E. x.y.r f,ei4ty unions sther.(r nseeined. Not.
wlthttaaedlRg the FtYtlnll K 0017 .Dsw■ne.s for SMPVtng, 111141 to and roan
i iseo ler Products willins to the sayer Ween eauvrtd to the commie
aeereMayor 'Celt
ar r W
a) OELIYERY
The .MNeort date* lo.etOod dolt be subject to the tswAcfe.. K the Torws
sed Cendntoes captioning. "Delava�- This delivery seb*duii mar be Coag so.d
n the West K *8417 PiatemfaS ofwer
Order. H"er. Should the Buyer fall
be meet the approval whedules necessary to meet the contract CMpman slates.
K ab.wtag the Euler Md it n*raw7 M reschedule or litany eMPMOes K
iredetts. thea Yf7er aha been the rtiht M either clients too wet" ,r cane"
Yet Ciesraet m aee.edaeq W" W provuesn K there Term" are 1.endluem
Wftbaedr -caoceu&uo.6- .
(Q ' PAYMENT TERMS
t77aeWe forms an lest tt (set da7a !tear dies if hneits eeae,st+ee(Od b •
Wchott ate/rrM peRlet 44irwWt(t as ct�v= a� AN�ta � rn�t� 'ihnsp ts4Wis
(S) PRICE, ADJUSTMENT
K xja � Pr. -SAL freight
Pn`eturd ansa sois IYaon � n rifest at ew data
tad he Kfest r od Dm. ae &N@M*at r tKMwm t>•W K doweW.rd ge
i igeter.f
Frans adjustment upward or deeetWsed WM be made in accordance with
ltdantto publ,-b.d by rhe V. L Bure.0 K Labor Slausum ter steel and labor
[LLC CadesL ireiWt .Aft be a t)"Cad In mow"aw With ruaWaee LCX_
nil s.rrlK rod •_.
L indasm (lied'
M U. L D.per(wmne of Labor. B.r.a ed Labor Stnthtlao
Xatniu ... Bee Cade Loss ... , Ste" KM Preduta
Labor .... ire Cede 3643 ... Fabricated Pant. Keri thane, eas"
tel LCC.
Ftitht—FPdO UKUmm aro ebtatoed adng pabittitl LC.e rol: am,
71K cbanaes Whim aro aP►Wd to a hens Inmos K Illi. dated
IVIM J. Rad tod"tr Will be mind for freight WYetm.at
wbeiber dupatoet It state b7 either rel or trocit.
QI hedtat Availability
• Labor Indexes are pabWbed in the V. L Department K Tabsl Eons
K Labor Stat,--- Publication *.tilled Zmp; vm.sj lag a.smmnn-
wbtc► is s.allaban from too U. L Government Prinuse Office. Web
D. C. SWOL K breath offter. IndeaM used for St..i ars avail•
able Prem the N. L Deyag: K (angor Publication enutled. Whel*.
tris Ttte*. lad Price Ind*x*a." al» available front the Covernrsent
priatisg Ofnee. Boge see Published awauly. pretest chance sag he
Ntatead freer Its laureate cam sem cam nknoa n W&ShtDg•--
B. Pyke Ad(Oalleenf Mathed
Fri" adf=ama ft for Xstartd. Labor, end Freight aro band area pricing
--
In Knott n tae hmath
OW BLS *den ser Kaunas a r W lhe Md hcorWhYb
an pubt,-heg fat tut Manage abaft be to% 'bete- Manx.
Each pricing shalt beKluetae to W 'flora " Indexes and LC -C. raft index
Which are paa+,-iod tee the Calendar Month Ines to the moats of ship.
obobs".
d. Prtea Ad1whoent Caktrlatiri
- M P_ am- .i C&~ N TKat Can"aeY Prom
A. Matez±a1 . . . . . . 58$
Be Iabor ...:. . . . .42%
TOM .100%
Paw "IaWW~ Permtda
711Y"t neat lobIs
Er. tadex
Ban X Setting Prim X % of Cmde.4 an
Adladsgat Anna t (} W -.j for prim tetter[ aaaess tL
tl. ltwskim fw htea Ad U d"M*
bm idsg for Mrs Zp-est 10411 be 1."."at for tea. K abiguea"
=� the ' M, . pub.Yabed for W e.M"dw meth prat r
Rwn.wr sues Inner Indexes for the Manta pit" to ablPmeet aro Mt
wale"" at the nate K aMpmemt. the I.d*aba ter the latart geeath Ret
$a the ..nage before enlwwn6 in wtu " all fn"- wages era ..!!topes
for xat"n" Led". add rreigot. enll be Iniad, When
bananas GMil bio for the Calendar me.ge prior M Wpm!; as new" wyl
be king" CZ the !fair Price allus mu.L.
(q STORAGE, CNARGE,S
Ir Meyer 14 sesbla for any earner wltsteeer to meFt P edge ta to bemrda.en,
we the .trona-YPon YnvK7 StawCum6 trona neve Mayr. m adennta t" nay
ether r"Siss prortdad berva, /teff the PC'egueta. Case N mud stWsrn. Melad.
VW. BIq K tats Product !Salm 1"!6 demands at a"smaseassV mb"tt be onsht
M CANCELLATION
n terbe any roawot nntrilatlss $humid be n.erraarr• Mitac/ Charges therefor
terial Ordered K *4hand W OR rho ata.unt
Zje"OrLat and etbt[ were
Performed! K W thus of wceitotton, plus
(10) PATENT iNDEMNrff
at. Psfatf Indentrift by Mayer tt awfor
Meyer acmes to Indemoar and hold hermlens W say" from and .samst an
1@9*1 axP*oes. Wailes may be Incurred, r esu( ns all damages and tests
(except a4 roru.eeu"ClAl W special damage@ end costal Wota may be
line. ASW*Md agalad Buyer to any wumt for Infringement K ser tinned
States Latter. Patent by like Products delivered to Buyer hereunder. Provided
that the Buyer !hall give Slyer Prompt written gouge K any .tuna, claim or
Darnell K Patent Infringement salt, ei:aor oras or written, or K the Comm."*.
NO" at any patent Infringement putt agalaat Buyer re,-uad to Products sold b7
3947W to Ba7K berwader; aid Provided Buyer $hail Pts 39e7K epportYe-y
to .Met N tab over, soe
ltle or defend any meg Cu lit. settee or mtt through
oeenwt K Kyoga ewe choice and under Its sola dlree-.m, sled ■t Ile sola
expense, W provided taut in the west XA *r ejecta to tato ser. defend or
settle saMas. Buyer Well mate !ridable to a(eryer w defenses neatest any Sorb
tMtrx6 ones. suit or Proceeding hitewe M K aveileht* to Buyer. and Provided
t="W that Mayor "all hew the right to autoulDta for Any wen product or
W Part hair'" claiming M intricate the Patent rigs" st unit•; ae.YaefrinRtnj
products oiler will lave afaoal7 good aerries.
V the ON at nay such Product K any port toete.f should be en(elned. XeyW
Whenta Chon9w. at Its Own expense. to "bo aye se the bass" costs"
L To Pteultw far safer .the -richt to *mum" "due Mata Product:
1 To Cartoon ARM product wits . junwatrmpelg Troche!
L To tbedhty an Ptedaet so tate IS bOes.mm aartn(stngnC or
L To rmowm Maid product and eKumt tae paste+.g price and tba nooperts.
thea aid Installation row /:-ares[.
L Ltwlttatletl
The faetglat vre.leioe. r to patella preeaatlsa by Meyer to Bayer obau art
Spy to any of the fouwa tlac
L TI.any Product monaatlared to tae ded" K aPadBeatlem litragab d by
Cho luyen
L To sedarx for special aea000moc -•at Products oMeh XwM ler a" food
w Kfarad fee sera to w Wella a:t the open esmmereles maceou
L To !ley Infringoment accustomed !�f modification or Bayer K Any product
gon
3OOf 0 PProdpsoduu+ t ge `any &Wuact gr derfa.tat amasant. up any"tihe enit" by too uirmeat gRoper from`attngag
d. Patatd IndaRejtT by Buyer to AlaMer
To the extent that Products delivered boeeundar are manufactured pursuant
M 4141"ll" dosill" tYrnmiked by Buyer. Buyer acnes to Indemnify Yeyer and
be" YAyec Ammlens from a4 Iona *sperm.o whica may be Incurred, As Wolf
ansa les for aInfringon geemen of any United ck tefeScat"Lettea nsrate" by Coasiagnat caKprodu in u
for ItadeliveaMtl made against Mcor Ter promptly
tupeet a ssuuch� Prodducctts.Ka" Mayor
!ions ns !nevose/ nen the sayer n e.gry � reasmeMy 8va4shi" to
fsettltata the defames NA"raagainst any aaafia.
(11) TAXES
.. iia sdd.t:an to the priew stated, the Samoan et any brogan or faturo satee, sae.
n�* Car other
Products shalt &ppheabtg to the pre.action, mM. oto. or tnnsp.na.
be Wald by the Buyer. In IMO K paying sura taxes
to Mayer. Buyer may furnnan Myer a Tax gaempti"a Certificate K Corur-
MesYr`esnsmt�~i Clete taamg batbori-.a "t air time Prio" to jeofor7
(rn OE,LAYE
1pfrensdalrmaWl see be babto for fidt"Ca or defer Is magataehirIng or ouppfag
lore! or snerq'. area ireOr delay to omhawma K the Buyer.or G desaf lv [tor gat of
.roans. 84"'Caat, nabWty to tfawaaDly estate a.e"ri&M sets K traaapann.
Use OMPaa,-O, or Say other Oases K Lay tad wastever beyond the ! cm
of K"ytr. ja W WertK .. M
Ruth daArayor to.sae W Cho right t" ma!
me
adltmog" n Pose lad dd:rec7 W
(iii AS3IGNMENT
Dever good Oft odor Car ator ro
r trmnaRy Cbstct whirls mar result bee K
mi YeTer. W tansies Pa7ablo tharwndK, without the prior wnues wisest
oflad any mels baalghmaDC K Msea" ade Witheat soon wrutem air
anter be dashed anvil aad v"L
(14i GOVERNING LAW
Tan valiillT. ntrt =.e said Porraetaahw of tact T.rtbs and Conelnmaa,
se woo se my CGo%= Wherh may r=ut between the parties. $Oaf: be
Esesrnng bT dos Mess K taw Sto4 at New Yam.
(131 0113I631 CHANGES '
n bleat of mmonal shortages Shyer reserves the tight. after fes-fteatim a
Bnygr. M loca'see is doagm !mores Ana maINA&I mb,Utuuom art aeeemarur
eantaued In the Stever Prosmau, Should &!tannate sorra approaches be
m.
IT,
ssalLV WIIi eKl7w ftam `he -m tAll o %sad Rel�ly spmafMremonts L bo mer lad
(1Q WARRANTY AMC LIMITATION Olt LIABILCTY
X.rer wRut As ter am (I) year that alt Products tat are deags in accord.
nam "In gwMtlr SCegptod coginiearlmg Pneue". Ibl wW Wnuuland deem!,
tang tout hands re the extent K tee Calculated Iced. K Fla d strWA the
Product& are avocation to wthuand. lel wilt be fabricated to araordraa .stn
drawee turo,-eed by Mayer W asineeed by Baser. ant IQ we free tram
deride n mstenatS two seftmaRSMr.
Xy.s'a WbN-y foe any b"Wa K this -army shelf be signed solely to
reptaOemoet or rvnW. At the We ePtl.a K Mayer at the ongimt delivery
Farads K map defrtlee Pan orarMA daring a Period K am. Il) sMK from
tie ease ar Smtwaent. Praredad he r7MWt t. property Installed lad Is bung
"ad as rfuo.uy Mteemon.
IT IS MC"M LY AGRC= THAT TM SHALL Be TRt SOLL AND LT.
Ss iti-REDY or THE CIRCUMSTANCES NO SHALL
SXgYLIBeB LLtBLZ TOR ANY COSTS. LOSS LSLaIAC.MPttIAL
DAMAGLS. MCIUOCTAL DAMAGES OR CONtrQUSLYIIAL DAX.
ACLS ARISING DIRECTLY OR {
l.'fDIRtL„W..Y FROM Test use Or THL
PRODUCTS. WRLTH" RASED UPON ARRANTY. CONTRACT MEM.&
GENCL On 3Tricr Li==my.
IR.tm
2E! erAaRAsf7:'y AND T noTS OF LTASMZI r CONTAIMLD BtREXX ARl.
eN A Or ALL OTHER WARRANTIES AND LIAWLrMM EXPR>�SSED
OR LMPL)ZD. ALL 151PLIED WARRANTfi'3 Or MERCHANTABILITY A.YD
Fi11eLSf OR A PARTICULAR PURPOSE ARE REREBY OTSCLALXM BY
xt(YYra ANO =CLL'DED FROM TMS WARRANTY. rLRTHM MLTER
i>D!3 NOT WA RRAMT THAT THU PRODUCT CDYPLfLS WITH LOCALL,,
KUN(LaAL gTA?L OA ►EOER«L CDDLS, iF ANY• TH[ StlYER ALANL
ge RaPONS(Bf,= FOa HNOWtir7-1 OF AND CO�fPLtANCL Em ANY
M cora
Xeres fntbw *Reagan res webKmN nor "rma to aaesme for 1L. .ns sob"
OfagMahan he l agmaf.a enta dna "IQ K the PTeduaL Thts warranty that apt
Reply to "W Pm" oror
MAS&red pataide podf ?MaTersP ena faclotIvt. Or (of it*"ibe" wbleecpd to mbe" k�taYps.
�
or aww*nu or lot hoe. been oriel n a manna! Contrary to lessees
kmL
M MO 1:VElcr wUZ METLR Be RES "SnUX r(M SPCLIZAL DAMACM
W=OCTAL OAKAGEL OB COVRtou OITLIL DAKAC= AIUBDVO UYDEa
ANY PROVISION OV THIS AGRYT}IYNr.
VXXXz.j=?c9�T" TV Car rf-11TAr 11VT.V
Proposal Clarifications
Page 2
jobsite near Lubbock, Texas: However, due to the instability.in the
freight rates and the numerous increases which apply to rail shipments,
we request the contract provide for payment of freight at actual cost.
Current freight in the amount of $42,700•has been provided for evalua-
tion purposes. Actual freight will be prepaid and added at time of
shipment.
R. J. Montambo
Area Sales Manager
ITT MEYER INDUSTRIES
November 14, 1979
RJM/tt
4