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HomeMy WebLinkAbout1997-260ORDINANCE NO 9 a�661 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2072 GEA THERMAL -DYNAMICS TOWERS, INC $149,442 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval /� /Z� PASSED AND APPROVED this the O? day of ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY Ll th- APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY v/ L -?-"e � 2 JA LER, MAYOR DATE SEPTEMBER 2, 1997 TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT BID # 2072 -- DENTON MUNICIPAL GENERATION STATION UNIT #3 COOLING TOWER REPAIR RIECOMME.NDATION: We recommend this bid be awarded to the lowest responsible bidder, GEA Thermal -Dynamics Towers, Inc, in the amount of $132,942 00 as bid plus $16,500 00 for unknown contingencies for a total award of $149,442 00 SUMMARY, Unit #3 Cooling Tower has been in service for 35 years with no significant structural repair or renovation The tower is constructed of wood products which experience deterioration due to chemical, biological and physical conditions imposed by normal operation Wooden cooling towers have an anticipated life expectancy of 20-25 years The Unit #3 Cooling Tower continues to provide acceptable service but is in need of repairs to the mist eliminator and hot water basins Further deterioration will effect draft performance, fan damage and cause accelerated performance reduction We are recommending this phase approach to repairs similar to Unit #4 and Unit #5 This allows for improved performance and extension of life expectancy The scope of work provides for hot water basin renovation, installation of new mist eliminators, and installation of a hot water basin hood system The $16,500 00 for contingencies is to allow for unknown repair requirements detectable only after the tower use is discontinued PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Production Division FISCAL IMPACT: Funds for these repairs will be taken from 1996-97 budget funds for maintenance of generating equipment Account #610-101-1011-8339 Attachment Tabulation Sheet Respectfully submitted SE_ KathKDuBdse Assistant City Manager of Finance Approved Name Tom D Shaw, C P M Title Purchasing Agent 917 AGENDA BID 8 — 2072 BID NAME DENTON MUNICIPAL GENERATING MITCHELL MIDWEST RAMON GEA PSYCHROMETRIC CUSTODIS- STATION UNIT THREE COOLING TECHNICAL TOWERS CORP TERMAL SYSTEMS ECONCNE TOWER REPAIR SALES INC DYNAMIC OPEN DATE JULY 15, 1997 INC TOWERS INC _ r 4 �Ty T _ p$BCRTPTION VENDOR YENAQR _ WEIYDOR �,YENODR VRNDOR _ _ VENDOR _ I 1 DRIFT ELIMINATOR SYSTEM PER 1I1 A 1 _ 2 _ 1 _ _ HOT WATER BASIN PER III A 1 3 I_ 1 FILLING PER III A 3 4 1 HOT WATER BASIN COVERS PER III A 5 1 MISCELLANEOUS REPAIRS NO BID RESPONSES COMPLETE COOLING TOWERS INC _$31,74700 $55,210t000— __ $43,500001 $42,620 00 565,922 $76,643 Uj F THERMO BAR $36,40000 S36,16800 0 $45,60000 $25 750 00 $2,50000 $28,23500 _ $27,203 00 _ $3,13700 532,62900 _ $26 987 00I __ _ $1580001 _ 537,20000 $33 075 00 $746001 -OPTION I $30,300 00 _ $20,065 00I $1,50000 $2,30000 $185,700 00 PVC V BAR $35,975 00 OPTION 2 REDWOOD $38,924 00 - -- L - 4 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this SEPTEMBER A.D., 19 97 , by and between THE CITY OF DENTON of the County of DENTON through TED BENAVIDES day of and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and _ GEA THERMAL -DYNAMICS TOWERS, INC 143 UNION BLVD , SUITE 400 LAKEWOOD, CO 80228 of the City of LAKEWOOD , County of LAKEWOOD and State of COLORADo hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agr€ements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 2072 - DENTON MUNICIPAL GENERATION STATION UNIT #3 COOLING TOWER REPAIR In the amount of $149,442 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 materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, 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, CA - 1 blueprints, and other drawings and printed or written explanatory matter, thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRIC PRODUCTION DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. V•._ :•_: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. 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. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: LW r /L.lI APPROVED AS TO FORM: City Attorney AAA0184D Rev. 07/28/94 CA - 3 CITY OF DENTON OWNER gy �VlMtial.(1 �._ (SEAL) GEA THERMAL -DYNAMICS TOWERS, INC CONTRACTOR 143 Union Blvd., Suite 400 Lakewood, CO 80228 NAILING ADDRESS 303/987-0123 PHONE NUMBER 303/987-4000 FAX NUMBER BY (SEAL) NAME u s e THE STATE OF TEXAS BOND No. 24-002-718 EFFECTIVE DATE: 9/2/97 COUNTY OF DENTON ' THIS BOND IS ISSUED IN QUADRUPLICATE KNOW ALL MEN BY THESE PRESENTS. That GEA THERMAL- DYNAMICS TOWERS, INC., whose address is 143 UNION BLVD., SUITE 400, LAKEWOOD, CO 80228, hereinafter called Principal, and LIAERTY MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State ofWSACuDsETTs and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED THIRTY TWO THOUSAND NINE HUNDRED FORTY TWO NO/100— DOLLARS ($1329942.00) plus 10 percent of the stated penal sum as an additional sum of money representing $dditional court expenses, attorneys' fees, and hquudated damages arising out of or con- nectedwith tliebelow identified Coatraux, in lawful money of the United Stasis, to be paid in Denton County, Texas, for the payment of which sutra well and truly to be made, we hereby bind ourselves, our heirs, executors, adtntntstiatons, successors, and assigns, Jointly and severally, fmnly by these presents This Bond shall surtomaucally be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract pnee decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-260, with the City of Denton, the Owner, dated the 2 day of September AD 1997, a copy of which is hereto attached and made a part hereof, for BID # 2072 — DENTON MUNICIPAL GENERATIONS STATION UNIT #3 COOLING'TOWER REPAIR. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and doting the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authonzed modifications of sad Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion, and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exClumve venue shall he in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall In anywise a$'eet 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, or to the Plans, Specifications, Drawings, etc Tlus Bond is given pursuant to the provisions of Chapter 2253 of the Texas Goverment Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herem as the Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such smtyslnp, as provided by Article 719-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the24day of September,1997. ATTEST ATTEST BY. PRINCIPAL SURETY LIBERTY MUTUAL INSURANCE COMPANY BY ATT�O CT GWYNN The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes NAME BALDWIN INSURANCE & BONDING ATTN William D Baldwin STRE-ET ADDRESS 1201 Kas Drive, Suite B, Richardson, Texas 75081 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a pcmQn's name ) (Ravi&", 3/971 e MRMSMIZP0AM 20H PERFORMANCE BOND - Page 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND 117533 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS That Liberty Mutual Insurance Company (the "Company") a Massachusetts mutual Insurance company, pursuant to and by authority of the By law and Authorization hereinafter set forth, does hereby name constitute and appoint, ROBERT L FIX, KAREN M. GWYNN, KEITH W NEWELL, JEFFREY DesROSIER, CAROLYN C FEIGHT, CLAIRE M ENGELHARDT, MARIE J HUTCHENS, ALL OF THE CITY OF ORANGE, STATE OF CALIFORNIA. . .. . . .. . . . each individually if there be more than one named its true and lawful attorney In fact to make execute seal acknowledge and deliver for and on its behalf as surety and as its act and deed any and all undertakings bonds recognizances and other surely obligations The execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons o That this power is made and executed pursuant to and by authority of the following By law and Authorization 6 ARTICLE XVI Execution of Contracts Section 5 Surety Bonds and Undertakings .5 Any officer or other official of the company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman y or the president may prescribe shall appoint such attorneys In fact as may be necessary to act in behalf of the company to make execute seal acknowledge and Rdeliver as surety any and all undertakings bonds recognizancee and other surely obligations Such attorneys in fact subject to the limitations set forth in their d respective powers of attorney shall have full power to bind the company by their signature and execution of any such Instruments and to attach thereto the seal of +r the company When so executed such Instruments shall be as binding as If signed by the president and attested by the secretary By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys in fact O Pursuant to Article XVI Section 5 of the By laws Assistant Secretary Garnet W Elliott is hereby authorized to appoint such attorneys in fact as may be necessary to act in behalf of the company to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations {G That the By law and the Authorization above set forth are true copies thereof and are now In full force and effect p IN WITNESS WHEREOF this Instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed G thereto in Plymouth Meeting Penns Ivsnia this 29th day of 19 _ 97 p LIBERTY MUTUAL INSURANCE COMPANY OI By Garnet W Elliott Assistant Secretary E1 E COMMONWEALTH OF PENNSYLVANIA ss w COUNTY OF MONTGOMERY as jQ On this 29th day of Jlliy A D 19.$7_ before me a Notary Public personally came the individual known to me to be the therein > described individual and officer y Mutual Insurance Company who executed the preceding instrument and he acknowledged that he executed the same and that the r Zp seal affixed to the said pr dinllpet is 4he corporate seal of said company and that said corporate seal and his signature subscribed thereto was duly affixed an (� subscribed to the said i d direction of the said company 4 IN TEBTIMON OF I here �qt y hand and affix my official seal at Plymouth Meeting P/ ?the day and ear first * OF A Norrutlni nisi UOyN h idaph,9 hit S<ublm oy �n mv,daphn rmi� coM Nota Public M�Coi mwiun t*'pu, tub 1T10 Notary �1"f b,LVPN -- CERTIFICATE nr r- I the undersigned Asa ary of Liberty Mutual Insurance Company 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 officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney In fact as provided in Article XVI Section 5 of the By laws of Liberty Mutual Insurance Company This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March 1980 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney Issued by the company shall be valid and binding upon the company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF I have hereunto subscribed my name and afflxe Ahe corporate seal of the said company this 24TH day of SEPTEKBER 19 97 /% R4�— As scant ary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI D AFTER _ July 20 19 9_ W N C 7 a amp O U F- N CW 0a Q � oa 3W to E L N Y O F 0 0 v_ >g yy O Y E� 0 0, FO- � PAYMENT BOND BOND NO. 24-002-718 THE STATE OF TEXAS EFFECTIVE DATE: 9/2/97 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That GEA THERMAL -DYNAMICS TOWERS$ INC., whose address is 143 UNION BLVD., SUITE 400, LAKEWOOD, CO 80228, hereinafter called Principal, and LIBERTY MUTUAL INSURANCE G%WANR a corporation organized and existing under the laws of the State ofNASSACBUSETTS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may fimush materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED THIRTY TWO THOUSAND NINE HUNDRED FORTY TWO no/100— DOLLARS (S132,942.00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bored THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-260, with the City of Denton, the Owner, dated the 2 day of September, AM 1997. a copy of which is hereto attached and made a part hereof, for BID # 2072 — DENTON MUNICIPAL GENERATIONS STATION UNIT #3 COOLING TOWER REPAIR NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its dunes and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby 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 to the Plans, Specifications, Drawings, etc , 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, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent in DENTON County to whom any rcquimte notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 719-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an onginal, this the 24 .day of September,1997 ATTEST PRINCIPAL sf/•y- VICE PRESIDENT ATTESr SURETY LIBERTY MUTUAL INSURANCE COMPANY BY ATTO Y-IN-FACT EAREN . GWYNN The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the proccss is NAME BALDWIN INSURANCE & BONDING ATTN y�j aW-2gfidwin STREET ADDRESS. 1201 Kas Drive, Suite B, Richardson, Texas 75081 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a persons name ) PAYMENT BOND - Page 2 r TO OBTAIN INFORMATION OR HAKE A COMPLAINT: YOU NAY CONTACT THE TEXAS DEPARTMENT OF IPWMNCE TO OBTAIN INFOWATXON ON COIWANIES, COVERAGES, RTGHTS OR COMPLAINTS AT: 1--252-3439 YOU MAY WRITE THE TEXAS DEPARTmEmT OF INSURAHcE: P. Ow Box 149104 ALWaN, TX M3A.9104 FAX # (512) 475-1771 PRIUM OR CLAIM DISMUS: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PRBUUM OR AWUT A CLAW YOU SHOULD CONTACT THE AGENT OR COWANY MRST, IF THE DISPUTE IS NOT RESOLVED,, YOU NAY CONTACT THE TEXAS DEPARTmT OF DANCE. ATTACH THIS NMCB TO YOUR POLICY: THIS NOTXCE IS FOR IHFORMf47I0N ONLY AND DOES NOT OECOME A PART OR CONOMON OF THE ATTACHED DOCUMENT. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND 117534 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS That Liberty Mutual Insurance Company (the Company') a Massachusetts mutual Insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name constitute and appoint, ROBERT L FIX, KAREN M GWYNN, KEITH W. NEWELL, JEFFREY DBeROSIER, CAROLYN C FEIGHT, CLAIRI: M. ENGELHARDT, MARIE J HUTCHENS, ALL OF THE CITY OF ORANGE, STATE OF CALIFORNIA . , . . each individually if there be more than one named Its true and lawful` attorney In fact to make execute seal acknowledge and deliver for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds recognlzances and other surety obligations The execution of such bonds or undertakings in pursuance of these presents shell be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company in their own proper persons That this power Is made and executed pursuant to and by authority of the following By law and Authorization ARTICLE XVI Execution of Contracts Section 5 Surety Bonds and Undertakings Any officer or other official of the company authorized for that purpose In writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomsys in fact as may be necessary to act in behalf of the company to make execute seal acknowledge and deliver as surety any and all undertakings bonds, recognlzances and other surety obligations Such attorneys in fact subject to the limitations set forth in their respective powers of attorney shall have full power to bind the company by their signature and execution of any such Instruments and to attach thereto the seal of the company When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys in fact Pursuant to Article XVI Section 5 of the By laws Assistant Secretary Garnet W Elliott is hereby authorized to appoint such attorneys in fact as may be necessary to act in behalf of the company to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognlzances and other surety obligations That the By law and the Authorization above set forth are true copies thereof and are now In full force and effect IN WITNESS WHEREOF this Instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting Penns Ivania {his 29th day of hU! 19 97_— :e"a . LIBERTY MUTUAL INSURANCE COMPANY By Giarr/e."� �1L.5 Garnet Elliott Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 9�h day of , .. AD 1997.before me a Notary Public personally came the individual known to me to be the therein described individual and officer Mutual Insurance Company who executed the preceding instrument and he acknowledged that he executed the same and that the seal affixed to the said or dlnfipst Is the corporate sea[ of said company and that said corporate seal and his signature subscribed thereto was duly affixed and subscribed to the sold _ , d direction of the said company IN TESTIMON OF I here, "pt y hand and affix my official seal at Plymouth Meeting PA the day and year d/rat above written (7F * NOTARIAL SEATDON(C// SHILLa Notary Puc City ofPhAMAlphe ,y MC..rnmleb P less Nota ryPUbIl/lcf(� CERTIFICATE I the undersigned Ass*Mjw a ary of Liberty Mutual Insurance Company 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 certiftoate and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney In fact as provided In Article XVI Section 5 of the By laws of Liberty Mutual Insurance Company This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March 1980 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney Issued by the company shall be valid and binding upon the company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixe the corporate seal of the said company this 24TH _ day of SEPTENBER 19 27__�� As stant a ry THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI D AFTER _ I�yr 29 19 _9fl State of CALIFORNIA a. ) ss County of ORANGE ) I, MARIE J. HUTCHENS a Notary Public in and for said County, in the State aforesaid, do hereby certify that BAEEN M. Gwm of the LIBERTY MUTUAL INSURANCE COMPANY, who is personally known to me, appeared before me this day and acknowledged that SHE signed, sealed and delivered the foregoing instrument as pm: free and voluntary act as Attorney -in -Fact of the LIBERTY MUTUAL INSURANCE COMPANY, and as the free and voluntary act of the LIBERTY MUTUAL INSURANCE COMPANY, for the uses and purposes therein set forth Given under my hand and Notarial Seal MARIE J. HUTCHENS COMM. #1110661 a NOTAAYPUBtl0.0001BA OMN010MM Myc�nm FS�, 0a. t�,naoo 24TH day of SEPTEMBER , A D 19 97 Notary Public CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted• • Each policy shall be issued by a company authorized to do business in the State of Texas with an AM Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00350 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following, • • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one Insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00350 REVISED 10112/94 Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: Ix] A General Liability Insurance: General Liability Insurance with combined single limits of not less than $1,000,000.00shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either In a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00350 REVISED 10/12/94 CI • 3 Insurance Requirements Page 4 PE] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than,$500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos [xl Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) I I Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise In the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAM0360 REVISED 10/12/94 CI - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same Insurance company that carries the contractor's liability Insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ I Fire Damage Legal Liability Insurance Coverage Is required if Broad form General Liability is not provided or is unavailable to the contractor or If a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required [ 1 Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ I Additional insurance Other insurance may be required an an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAA00350 REVISED 10112/04 CI - 5 Insurance Requirements Page 6 ATTACHMENT 1 W Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of Insurance, a certificate of authority to self -Insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project AAAW350 REVISED 10112194 Cl - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity. (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAA00350 MVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services an a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the and of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and AAA00350 REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to pbrform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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CM CF 09NTCN DEMON MUNg71P%oft vm UNIT 3 CT 1701 A 008MCCR RA W ATf1 jMTH1i CO '" LEOION INSURAF01 COMPANY camAN+• B c.Awn. a wriwxr a eeMAAdawdaewlr is �pps�ryM s ffW�sO 4 igppR7Y'MM�A6 4 A ATHRRMAL-GYNAMICTGMIt8,1NC I wWM710x VAT4 T EMN. 7M4 Mtlsw Comm MBLL wMiRVwt To MAIL wAr TA7 M702 ML dww MoT46AMALLx1� "Pa0LWAT0" wsumi eR MW .am till n0 Nw7M'�rrA,ws 7./L Rowd IBB•OI •N0na 89•40 LB-VI-S]O BID NUMBER 2072 BID PROPOSALS Page 2 of 2 City of Denton, Texas 9018 Texas St. Purchasing Department Denton, Texas 78201 ITEM DESCRIPTION OUAN PRICE AMOJ,' 1. 2. 3. 4. 5. ALL LABOR AND MATERIALS NECESSARY FOR REPAIR OF GENERATING STATION UNIT THREE COOLING TOWER. DRIFT ELIMINATOR SYSTEM PER III.A.1. HOT WATER BASIN PER III.A.2. FILLING PER III.A.3. HOT WATER BASIN COVERS PER III.A.4. MISCELLANEOUS REPAIRS PER III.A.5. 1 1 1 1 1 $ $31,7.- $ $42,6__ $ $28,23' $ $27,20= $ $ 3,13- TOTALS $132,94^ We quote the above f o b delivered to Denton, Texas Shipment can be made In30 to 45 days from receipt of order Terms netl30 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 The completed Bid Proposal must be properly priced, signed and returned 143 UNION Blvd., Suite 400 Mailing Address Lakewood, Colorado 80228 city state Zip GEA Thermal —Dynamic Towers, Inc B door 1 � 1&, Signature (303) 987-0123 Telephone Director of Repair Title