HomeMy WebLinkAbout1996-181ORDINANCE NO /_K,A/
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, 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 purchase
of necessary materials, equipment, 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 therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SF..T�IONII That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the 'Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items
BID ITEM
► K&: : ►• 0 0 0 0 0 0 0 10 2 �O •u• 1►
1777 ALL FOSTER HIGGINS INC $5 00 PER EMPLOYEE PER MO
1924 ALL INCHCAPE TESTING SERVICES EXHIBIT "A"
1929 ALL MIDWEST TOWERS INC $151,492 00
SECTION II That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents
SECTION I1I 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 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 thi,vday ofald2 it 1996
JA MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE AUGUST 20, 1996
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1777 - HEALTH INSURANCE AND ACTUARIAL CONSULTING
SERVICES - 2ND YEAR RENEWAL
RECOMMENDATION. We recommend this bid be extended for the second year to Foster Higgins
& Co Inc, in the amount of $5 00 per participating employee per month with a monthly minimum
of $ 3,400 00 and a monthly maximum not to exceed $5,000 00
SUMMARY: This bid was approved by Council in July, 1995, for the first year of a possible three
year obligation with prices and terms remaining favorable to the City and with the agreement of Foster
Higgins
This renewal reflects a $1 00 increase per employee, however, the maximum of $60,000 remains the
same as the first year Assuming an unchanged census count, the one dollar per employee price
adjustment will increase the contract amount by $10,284 00 The total amount for this second 12
month period will be approximately $54,000 00
BACKGROUND: Memorandum from Ted Benavides, City Manager (prepared by Tom Klmck,
Director of Human Resources)
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED- The Health Insurance Program
covers all eligible regular full-time and part-time employees and their covered dependents in all City
departments
FIS A . IMPA T. Total annual contract fee is not to exceed $60,000 Funds are available in the
1995/96 and proposed 1996/97 budgets
Respectfully submitted
Ted Benavides
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
758 AGENDA
DATE: August 6, 1996
CITY COUNCIL REPORT
REGULAR SESSION
TO. Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: HEALTH INSURANCE & ACTUARIAL CONSULTING SERVICES -
RENEWAL CONTRACT for 2nd YEAR RENEWAL
It is the staff s recommendation that the City Council authorize the City Manager to execute a
renewal contract with A Foster Higgins & Co , Inc, to provide the City with health insurance
and actuarial consulting services for the period July 18, 1996, to July 17, 1997 The contract
would also authorize renewing the contract for an additional year assuming fees and service
remain favorable to the City
The City Council authorized the City to retain Foster Higgins in July, 1995, to assist the City
with several technical and complex issues surrounding the City's group health insurance program
for employees and dependents Those services included
Evaluate/provide recommendations on the overall strategic goals/objectives/directions of
employee health and wellness programs Provide advice/recommendations related to
national health reform
Evaluate/provide recommendations on the administration and operation of current health
insurance program
Develop/analyze and provide recommendations concerning proposed bids and contract
negotiations
4 Momtor/analyze/provide recommendations for City's group health insurance plan, claim
levels, utilization data cost and claims controls
Government reporting preparation and submission
City Manager Report to City Council. Health Insurance & Actuarial Consulting Services -
Revised Contract
August 6, 1996
Page 2
Presentation and attendance at City meetings City Council, City management, Employee
Insurance & Wellness Committees
Perform other tasks related to group health and wellness programs as reasonably
requested by the City
Foster Higgins has assisted the City in its negotiation for a third year renewal with the health
insurance program (1996 Plan Year) That renewal resulted in negotiating Hams' initial renewal
rate increase of 9% to an agreed 5% increase over 1995 premiums This represents a savings of
approximately $110,000 in projected health insurance costs for FY 1995/96
The firm assisted the City with the re -bid of its health insurance program and negotiated some
difficult issues regarding this re -bid Their services have resulted in the City being able to
further lower its health care costs in the 1996/97 budget year by approximately $38,000 over
previous year's coverages
The previous contract for health insurance and actuarial services was bid with provisions to
renew subsequent year's services with Foster Higgins However, it is the staff s conclusion that
certain provisions of the contract should be revised in order to ensure clarity concerning the
intent of City Council and the authority to execute renewal provisions
Thus, the staff is recommending that the Council authorize the City Manager to renew the
contract for a second term with changes to the contract and provide for a third year renewal
assuming fees and services remain favorable to the City
The Health Insurance Program covers all eligible regular full-time and part-time employees and
their covered dependents in all City departments
WKW43 IN ii
Changing this contract will not result in any previously authorized costs The new fee would
provide for a $5 per employee per month retainer fee not to exceed a maximum of $5,000 per
month The total annual contract fee will not exceed $60,000 Funds are included in the 1995/96
City Manager Report to City Council Health Insurance & Actuarial Consulting Services -
Revised Contract
August 6, 1996
Page 3
and proposed 1996/97 budgets to cover these important services
Respectfully submitted,
Ted Benavides
City Manager
Prepared by
.;Za
Thomas W Klinck
Director of Human Resources
by
Betty McKean
Executive Director - MS/ED
C \wmdows\wp60\craig\crpt96gl wpd
Prepared 7/20/96
DATE AUGUST 20, 1996
MAK81110161 I.�.
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1924 - ANALYTICAL TESTING
RECOMMENDATION. We recommend this bid be awarded to the low bidder meeting
specification, Inchcape Testing Services, for the annual contract at the unit prices listed on attached
ExhibitA This will be a total annual estimated expenditure of $15,500 00
SUMMARY: This bid is for services of a laboratory to perform testing of groundwater monitoring
wells at the Landfill and testing of sludge samples for the Wastewater Treatment Plant The lower
bid by Certs Environmental Laboratory did not meet bid requirement of being in business in excess
of ten years Bid packages were mailed to seven (7) prospective vendors and bid responses were
received from five (5) vendors
BACKGROUND: Tabulation sheet, Memorandum from Vanetta Verbosh dated August 6, 1996
PROGRAMS, DDEPARTMENTS OR GROUPS AFFECTEIL• Municipal Laboratory, Water
Wastewater Treatment Plant, Utilities, and Citizens of Denton
FISCAL IMPACT: Budgeted funds for Municipal Laboratory Account #625-082-0481-8502 and
#625-082-0483-8502
Respectfully submitted
Ted Benavides
City Manager
Prepared by
44
Name Denise Harpool
Title Senior Buyer
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
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CITY o/ DENTON, TEXAS ENVIRONMENTAL SERVICES / 1100 MAYHILL ROAD / DENTON, TX 76208
MEMORANDUM
DATE August 6, 1996
TO Denise Harpool, Senior Buyer
FROM Vanetta Verbosh, Laboratory Supervisor
RE Selection of Contractor for BID #1924
-Annual Solid Waste Analytical Testing
This contract is to select a laboratory to perform the analysis of groundwater monitoring
well samples from the City of Denton Municipal Landfill These samples are required
as part of our TNRCC Municipal Solid Waste Permit It will also cover analytical testing
of sludge samples in compliance with the EPA and TNRCC discharge permit
requirements which the Denton Municipal Laboratory is unable to analyze for at this
time
Bids were received from five testing laboratories, Armstrong, Certes, Anachem, Talem,
and Inchcape All bid materials were reviewed for cost comparison, EPA Quality
Assurrance reports, Texas Natural Resource Conservation Commission (TNRCC)
inspections, and subcontracts for the analysis we have requested
The lowest bid was by Certes Environmental Laboratory but they have not been in
business over ten years, as requested in our bid specifications
The second lowest bid was by Inchcape Testing Services They have been in business
over ten years, had good Quality Assurrance results, and were the only lab that would
not be subcontracting out any of the analysis requested
An inspection of the Inchcape Testing Services facility will be scheduled after awarding
the bid, before samples are submitted
8171383-7509
Z.
N
DATE AUGUST 20, 1996
[011 MUG ► . , .
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1929 - COOLING TOWER RENOVATION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Midwest Towers
Inc in the amount of $124,839 00 plus a $25,000 00 amount for repairs to the fillings system and
$1,653 00 for an optional fiberglass distribution box Total award is $151,492 00
SUMMARY: This bid is for the repairs to the cooling tower for the Spencer Unit Four turbine as
outlined in the August 8, 1996 memorandum from Jim Thune, Manager, Electric Production Division
The bid award includes a $25,000 00 sum for repairs to the filling system damaged by the hot water
basins failure This amount is a fixed cost for unknown repairs that may or may not be required The
needed repairs can only be determined after the tower is disassembled
BACKGROUND, Tabulation Sheet, Memorandum from Jim Thune, Manager, Electric Production
PROGRAMS, DF,PARTMF.NTS OR GROUPS AFFECTED: Maintenance of Electric
Production facilities
FISCAL IMPACT: Funds for this maintenance project are available in the 1995/96 budget account
# 610-101-1011-5130-8339
Respectfully submitted
Ted Benavides
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
759 AGENDA
BID
# -
_ - - 1929 -
- - -
BID
NAME
ELECTRIC PRODUCTION
MIDWEST
MARLEY
PSYCHRO-
COOLING TOWER REPAIRS
TOWERS
COOLING
METRIC
OPEN
DATE
JULY 25, 1996
INC
TOWER
#
TV
DR$CRIPTION
VENDOR
VENDOR _
VENDOR -
_
REPAIR REPAIR TO UNPP FOT1R
COOLING TOWER
4 CELLS
1
1 LT
DRIFT ELIMINATORS PER VI A
$49,878 00
_ $98,896 00
$58,38100
-4
_
CELLS
2
1 LT
HOT WATER BASINS PER VI B
$52,581 00
$95,574 00
$56,128 00
_
3
I LT
HOT WATER BASIN HOOD
4 CELLS
PER VI C
$22,380 00
_ $78,902 00
$54,303 00
_ _
4
1 LT
OPTIONAL FIBERGLASS
$1,653 00
i
i
�I
DISTRIBUTION BOX
I
BRANTON MITCHELL
CO TECHNICAL
I SALES
_VENDOR_F VENDOR
$82,145 00 1 $66,850 00
$83,011 00 $76,060 00
$69,183 00 $49,940 00
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES RENEWAL AGREEMENT
BETWEEN THE CITY OF DENTON AND
HEALTH INSURANCE AND ACTUARIAL CONSULTANT
THIS AGREEMENT is made and entered into effective on the 18th day
of July, 1996, by and between the City of Denton, Texas, a
Municipal corporation situated in Denton County, Texas, hereinafter
called "CITY", acting herein by and through its City Manager and A
Foster Higgins & Co., Inc., a Corporation doing business in Texas,
acting by and through its duly authorized officer, hereinafter
called "CONSULTANT"
WHEREAS, on the 18th day of July, 1995, the City of Denton,
Texas and A. Foster Higgins & Co , Inc. entered into a "Contract
Agreement Between The City of Denton and Health Insurance and
Actuarial Consultant" (hereinafter the 1995 Contract), and
WHEREAS, the 1995 Contract provided that it was subject to
renewal for two additional twelve month periods upon the mutual
consent of both parties, and subject to negotiation of the terms,
conditions, and costs under certain circumstances, and
WHEREAS, the CITY and the CONSULTANT desire to renew the 1995
Contract upon the terms and provisions set forth hereinbelow.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the CITY and the CONSULTANT do hereby mutually
agree as follows -
I. SERVICES TO BE PERFORMED
City hereby retains CONSULTANT to perform the hereinafter designat-
ed services. CONSULTANT agrees to perform the following services
with diligence, and in accordance with the highest professional
standards customarily obtained for such services in the State of
Texas, to wit:
A. Evaluate and provide recommendations on the overall strategic
goals, objectives, and direction of the employee health and
wellness program. Provide advice, assistance, and recommenda-
tions as related to the national health care reform.
B. Evaluate and provide recommendations on administration of the
current health insurance program. This will include plan
design, type, number, and quality of health care providers,
premium structure, proposed rate adjustments, provider(s) and
contract, etc.
C. Perform on -site review of the City's health plan carrier
operations, including member services, utilization management
and case management, and report findings to the City.
D. Assess the impact on the City's health plan of any changes in
ownership of Denton hospital(s) and provide recommendations to
the City to address any potential issues.
E. Monitor, analyze, and provide recommendations concerning the
City's group health insurance plan, claims levels, and utiliza-
tion data, and suggest strategies to control claims cost and
ensure quality health care delivery
F Review data, information, performance issues, etc and, if
requested by the City, negotiate on behalf of the City with
current or prospective vendors new or renewal contract terms,
conditions, premium rates, etc for group health insurance
plan. All negotiations are subject to terms agreeable to the
City.
G. Assist in preparation and submission of required reporting
information, forms, etc. required of the City to various
federal and state government agencies related to the group
health and wellness programs
H. Attend meetings and, if requested, prepare and make presenta-
tions, using professional and appropriate visual aids at
meetings of the City Council, City management, employee
insurance committee, employee wellness committee, etc.
I. Conduct on -site meetings with City representatives to review
plan experience and management issues estimated as follows
* City Council Meetings 2
* City Management Meetings 3
* Employee Insurance Committee Meetings 6
* Employee Wellness Committee Meetings 2
J. Perform tasks related to the employee group health and wellness
program as are reasonably requested by the City.
CONSULTANT shall exercise the same degree of care, skill, and
diligence in the performance of these services as is ordinarily
provided by persons under similar circumstances CITY agrees that,
with respect to the services and duties CONSULTANT will provide
under this agreement, CONSULTANT does not accept status as a
PAGE 2
fiduciary with respect to any of the plans or programs and that all
recommendations made by CONSULTANT pursuant to this agreement may
be accepted, modified, or rejected by CITY.
II TERMS OF AGREEMENT AND EXTENSION
PROVISIONS
CONSULTANT shall commence rendering services immediately upon
receiving notification of contract approval and shall continue for
a period of twelve months. This contract is subject to renewal
upon mutual consent of both parties for one additional twelve-month
period, on the same or similar terms, conditions, and costs in
successive years if scope of services do not deviate more than 25%
and cost does not increase more than 25%. The City Manager or his
designee, the Director of Human Resources for the City of Denton,
Texas, shall have the authority to approve and negotiate a renewal
of this contract without City Council approval provided the costs
do not increase more than 25% or increase more than $15,000 over
the previous years costs.
III. COMPENSATION TO BE PAID CONTRACTOR
CITY agrees to pay CONSULTANT for the services performed hereunder
as follows:
A. Amount of Payment for Services:
CITY agrees to pay CONSULTANT, for services hereunder, at a set
monthly fee of $5.00 per participating employee per month with
a monthly minimum of $3,400.00 and a monthly maximum not to
exceed $5,000.00:
Service Description/Task Estimated Hours
Evaluate/provide recommendations on 15
the overall strategic goals/objectives
directions of employee health and
wellness program. Provide advice/
recommendations related to national
health reform.
Evaluate/provide recommendations on 20
administration of current health
insurance program
Perform on -site review of health plan 20
carrier operations
PAGE 3
Assess impact of Denton hospital
20
ownership changes
Monitor/analyze/provide recommendations
10
for City's group health insurance plan,
claim levels, and utilization data
Review data, information, performance
35
issues, negotiate with current/prospective
vendors
Assist in preparation/submission of
5
required reporting information/forms, etc.
Attend meetings, prepare/make presentations
10
On -site meetings with City representatives
40
Perform tasks related to group health
10
wellness program as reasonably requested
by the City
CONSULTANT will charge CITY based on actual time spent and
expenses incurred. In no event will the total project cost
exceed $60,000.00 for CONSULTANT'S fees and expenses unless
CONSULTANT is requested to perform tasks outside the scope
presented in the proposal. If additional assistance is
required from the CONSULTANT, estimates of professional fees
will be provided and presented to CITY management for approval
before proceeding with any additional tasks.
CONSULTANT and CITY expressly understand and agree that
CONSULTANT shall not receive any compensation for the services
provided for herein, from any other source.
B. Dates of Payment: CITY will pay CONSULTANT on a monthly
basis, within thirty (30) days of receipt of invoices for
completion of services provided for herein
IV. SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed to, by, and between CITY and
CONSULTANT that CONSULTANT 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 compensa-
tion, or any other CITY employee benefit CITY shall have
supervision and control of CONSULTANT and any employee while on
CITY premises, and it is expressly understood that CONSULTANT shall
PAGE 4
perform the services hereunder at the direction of the City Manager
of the City of Denton or his designee under this agreement
V. SOURCE OF FUNDS
All payments to CONSULTANT under this Agreement are to be paid by
CITY from funds appropriated by the City Council for such purposes
in the Budget of the City of Denton.
VI. INSURANCE
CONSULTANT shall provide at its own cost and expense worker's
compensation insurance, liability insurance, and all other
insurance necessary to protect CONSULTANT in the operation of
CONSULTANT'S business.
VII. INDEMNIFICATION
CONSULTANT shall and does hereby agree to indemnify and hold
harmless the CITY and its officers, agents, and employees from and
against any and all damages, liability, claims, demands, losses and
expenses of any kind whatsoever to the extent proximately caused by
the error, omission, or negligent act of CONSULTANT, its officers,
agents, employees, invitees, and all the persons for whom it is
legally liable in the course of the performance of this Agreement,
and CONSULTANT will, at its cost and expense, defend and protect
the City of Denton against any and all such claims and demands
The acceptance of CONSULTANT'S services by the CITY shall not
operate as a waiver of such rights of indemnification.
VIII. CANCELLATION
Notwithstanding any other provision of this Agreement, CITY and
CONSULTANT each reserve the right to cancel this Agreement at any
time by giving the other party fourteen (14) days' written notice
of its intention to cancel. If the agreement is canceled before
completion, the CITY agrees to compensate CONSULTANT for services
provided and expenses incurred prior to notice of cancellation. In
the event of cancellation or upon expiration of this contract,
CONSULTANT shall return to CITY any and all documents or materials,
and all copies made thereof, which CONSULTANT received from, and/or
developed for CITY for the purposes of this contract except the
PAGE 5
CONSULTANT shall have the right to retain one copy for internal
files.
IX. CONFIDENTIAL RELATIONSHIP
CITY may, from time to time, communicate to CONSULTANT certain
information protected by the Texas Open Records Act (e.g., employee
personnel or medical records) to enable CONSULTANT to effectively
perform the services required hereunder CONSULTANT shall treat
all information supplied as confidential, whether or not so
identified, and not release same unless consent to do so is
received in writing from the City Attorney's Office or the Texas
Attorney General's Office. CONSULTANT shall limit the use and
circulation of such information, even within his own organization,
to the extent necessary to perform the Services.
CONSULTANT shall not disclose any reports, recommendations,
conclusions, or other results of the services performed by
CONSULTANT without the prior written consent of the CITY.
CONSULTANT shall comply with all legal obligations it may now or
hereafter have respecting the information or property of the CITY,
its officers or employees or its independent contractors supplied
CONSULTANT or prepared by CONSULTANT in the performance of this
contract even after the cancellation of this contract
X. SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its successors,
executors, administrators, and assigns to the other party to this
agreement and to the successors, executors, administrators, and
assigns of such other party, in respect to all covenants of this
agreement. Except as above, neither the CITY nor the CONSULTANT
shall assign, sublet, or transfer its interest in this Agreement
without the written consent of the other. Nothing herein shall be
constituted as creating any personal liability on the part of any
officer or employee of the CITY.
XI. NOTICES
All notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
PAGE 6
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days of mailing
CITY CONTRACTOR
City of Denton, Texas A. Foster Higgins & Co.Inc.
Attn: City Manager 1800 Thanksgiving Tower
215 E. McKinney 1601 Elm Street
Denton, TX 76201 Dallas, TX 75201-4742
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested. All notices shall be deemed
effective upon receipt by the party to whom such notice is given or
within three days mailing.
XII. ENTIRE AGREEMENT
This Agreement consisting of 10 pages constitutes the complete and
final expression of the agreement of the parties and is intended as
a complete and exclusive statement of the terms of their agreements
and supersedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications and
agreements which may have been made in connection with the subject
matter hereof.
XIII. SEVERABILITY
If any provision of this Agreement is found or deemed by a court of
competent jurisdiction to be invalid or unenforceable, it shall be
considered severable from the remainder of this Agreement and shall
not cause the remainder to be invalid or unenforceable. In such
event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision
XIV. COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws,
rules, regulations, and ordinances applicable to the work covered
hereunder as they may now read or hereafter be amended.
PAGE 7
XV. DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall
not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age, or physical
handicap.
XVI. PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own
expense all personnel required to perform all the services
required under this Agreement Such personnel shall not be
employees or officers of, or have any contractual relations
with the city. CONSULTANT shall inform the CITY of any
conflict of interest or potential conflict of interest that may
arise during the term of this Agreement
B. All services required hereunder will be performed by the
CONSULTANT or under its supervision. All personnel engaged in
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services
XVII. MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, and unless such waiver or
modification is in writing, duly executed, and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
XVIII. MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas This Agreement shall
be construed in accordance with the laws of the State of Texas.
B CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner; and, in accordance with the provisions
PAGE 8
hereof. in accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the CITY.
C. The CITY shall assist the CONSULTANT by placing at the CON-
SULTANT's disposal all available information pertinent to the
project, including previous reports, any other data relative to
the project and arranging for the access to, and make all
provisions for the CONSULTANT to enter in or upon, public and
private property as required for the CONSULTANT to perform
services under this Agreement.
D. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
XIX DESIGNEE
The Director of Human Resources for the City of Denton, Texas,
shall be the City Manager's designee under this contract and is
hereby authorized to carry out the terms of this Agreement on
behalf of the City of Denton, Texas.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
CONSULTANT has executed this Agreem nt through s duly a thorized
undersigned officer, dated the day of 1996,
effective as of the 18th day of July, 1996
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 9
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ti
C \NPDOCS\K\HEALTH INS
A FOSTER HIGGINS & 9.,,-_INC.
BY:
TITLEN/�i// Gpt�3ss�7+��
PAGE 10
CONTRACT AGREEMENT V
STATE OF TEXAS $
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 20 day of
AUGUST A.D., 19 96 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TOM D SHAW
thereunto duly authorized so to do, hereinafter termed "OWNER," and
MIDWEST TOWERS, INC
P 0 BOX 1465
CHICKASHA, OK 73023
of the City of CHICKASHA , County of
and State of OKLAHOMA
termed "CONTRACTOR."
GRADY
, hereinafter
WITNESSETH: That for and in consideration of the payments and
agreements 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 N 1929 COOLING TOWER RENOVATION
in the amount of $151,492 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 UTILITY STAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
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.
Indemnification
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.
Choice of Law and Venue
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:
APPROVED AS TO FORM:
City Attorney
AAA0184D
Rev. 07/28/94
CA - 3
CITY OF DENTON
OWNER
By- ::!;
(SEAL)
MIDWEST TOWERS, INC.
CONTRACTOR
I
��.. _4 L 1-- A i.
P.O. Box 1465
Chickasha, OK 73023
MAILING ADDRESS
(4051224-4622
PHONE NUMBER
(405)224-4625
FAX NUMBER
BY Vice President and Sales Manager
TITLE
Terry G. Ogburn
PRINTED NAME
(SEAL)
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 harem. If an apparent low bidder fads 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 A M 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
AIT00BAI
REVISED 10/12/94
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(3O) 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
AFFWBAI
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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
P9 A General Liability Insurance.
General Liability insurance with combined single limits of not less than _
1, 000, 000.00 shall 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
AFMBAI
xswsso iaiv%
Insurance Requirements
Page 4
Ud 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
VQ 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 M6.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ 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
AFEMBAI
REVISED 10I12M
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 l 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
I l 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 l 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 on 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
AFFOORA1
REVISED to/12M
Insurance Requirements
Page 6
ATTACHMENT
Ij9 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
AW+OOBAI
REVISED 10112194
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 and 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
mail 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.
AewoseI
REMSEo 10112/%
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whdm it
contracts to provide services on 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, 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;
(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 end 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 mad 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
AFFO AI
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
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
AFMRAI
REVISED 10/I2191
10-02-1996 10:03AM FROM MIDWEST TOWERS 405 224 4625
P 3
companies xgencYjp IIIQ.
10975 sl Nont6v Suite 225
Overland.ParkP ES 662i1-2.497
(913) 344-2323
mm
]iID1P sT TOIPNRB INC
PO 808 1465
C=CNPJM
OH 73012
CO~
A
oO1MUMY
B
CO PANT
0
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0
THIS E TO CEFMFf M"T THE POIIOIEB OF VNBURANCE lJ9i® BA3W HAVE - BEEN B8 W 4o THE pouFmD NAMe7 ABOVE FOR 7HE POLICY PERIOD
INOICAWA NCYTWFn 8fANWHQ ANY 116DUIREMENT, MW OR CONODIOPI OF ANY CONTRACT OR OTHER DOOUMENT WITH RAT TO WHICH 7HE
EMU)MI" AND OON�® OF SUCH POLICAM. umrm BROWN MAY BEEN REDUCED BY PAID C ARABNEREBI a BUEUELT TO ALL 711H TWA
GO TwR OP MMMINNOM Pam MUYBOI POUOT MIPwOIPI Pouff wow" �O
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ANY AUTO
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TON D omw opomm mu I M OM nO MMMOM OOiANT WEL OONAVOR 70 W0.
CITY OF DSNTON erg_ Mn wmnMN mm 70 no MM rrow" NPMmT NNMO YO ME Urr
901-8 TEZU STREET MYT mom 70 OAR MINT N I •HULL MOOMR NO CRUMT°N ON UAMNn
DEMON TX 76201 OP Nr OO OOR TMR COVOIT RM AOMM ON IMM7RNOMYAO.
10-02-1996 10 02AM
FROM MIDWEST TOWERS 40S 224 462E P 2
10/Ol/06 TUE 12 8E FAX 403 $43 8404 WAUSAU INS COS OHC +++ MIDWEST TOWERS IZ002
Wags= bma-mce c�
NWonwido h»wanoe gmrP {oe
Cert3.fs.cate of Insurance
Thin is to nertify that the irezierm Policies (dacribad below by a poLfay eider) wrliten on fares
policy binderof
rei�
in won by ten h8VO mean �eucared too non
dew not in CITYTY warfter. sFabdatandithecoveresfferdedbyawpolicy
NAME AND )MILINO ADDRESS OF INaa® ADM OF RECOID IESUING DATE
ISabW TO
100196
CITY D< DawoN
N301111T TOWS inc
ATYN TON 0 $"AV
DO so 1465
"1-11 TEXAS 8T
CNICKA88A OK 72012
OEMid1 TN 76201
policy POLICY , ee0nless o a -Wasted, this policy
effective Date Expiration Date affords full aeverap under the Varters
Co,
Capensation low of Olt states (except
e
fttim states where covereW can be provided anly
Yorkers 0E
0817 00 OOOf2T 0801 % Ds 01 wr state Funds, and Canada) ww an disty.
ended in the POLICY and URBAN Own" for
Compensation—
part Two (Bpi
LIANI ,TT saLos )
(ON asittw$
ow Do Mw w 07 OY 8anorsl Amorogate
camwvial
Dow I Liability
Produeta a ceeMOPe Awropto S ESCLLORD
Personal a Adv.rtnain8 Injury $I'm
( ) claim. made (N) Daawrom
Products - Completed
Each Occurrence $1,000
Operations. < > Included
(K) Excluded Fire 0~ LAW one Fire) 5100
Nediaat Expense (Any one Parson) sic
Auto Liability 02
7 08 01 96 of 01
IN) All Owed Autos
Single Licit $1.000
ECM Accident
C ) Speal fled Autos Only
(N) Hired Autos
(N) Noiwlmwd Autos
ljpbr*tLa
o0ww as 01 96 Sawa rpa57,000
ppodwots/Ceaups. cps. AwrpKe S BxcLuem
of a PO Each owwrrowe $1,000
Parearvl a Advertising Each person $1,000
Retention
WICIAL FROy g 0w/L ItAIS/NK)FIED n
The City et Denton, P01-g Texan Strac, Dawes, Taxes is listed as an dditioncl insured under policy nwtbar w27-00-000727 An
aeple wren" esiK to "*items upon raqu8st from the complay. otheror
lasWre company 1Ii It =1 notice SD days baforo the effective date at such pcanaeLlattanf to ten ae�f/eattee ho dertnoted s, the
PRODUCER W. IBabING OFFICE REGION e183111w OWANY NO
02. a rtg Rl IfigaRECIf OF WMM11 A NOtust COOpew
4000 011111Nga Qyy VAL. 08 M1wAw UMMMITMB INMIMNM COIPAYY
111. VAUBAO MIRM INSURANCE COMPANY
07. VAVBW GENERAL INaaANCII COIPANY
Ot. IIIe18AU LIAIDB�
signed
Authorim Company Representative
BID NUMBER 1929 BID PROPOSALS Page 2 of 2
City of Denton, Texas 901 B Texas St.
Purchasing Department Denton, Texas 7=1
ITEM
DESCRIPTION
OUAN
PRICE
AMOUNT
1
2
3
REPAIRS TO UNIT FOUR COOLING TOWER
Drift Elimmnators per VI. A.
Hot Water Basing per VI. B.
Not Water Bas3.n Hood per VI. C.
1 Lot
1 Lot
1 Lot
S 49, 878.
$52,581.
$ 2 2, 3 8 0
$ 49 , 8-8
$52,58_
$ 22,38C
TOTALS
We quote the above f o b delivered to Denton, Texas Shipment can be made in 18 days from receipt of order Terms net130
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 conatitues a contract The completed Bid Proposal must be properly priced, signed and returned
P.O. Box 1465
Maanp Ise"
Chickasha, OK 73023
MY slate LP
(405)224-4622
Midw
IT X ♦r V
oaten
Terry G Ogburn, Sales Manager
T\IepMna Me
10-18-1996 6:06PM FROM MIDWEST TOWERS 405 22A 4625 P 7
PERFORMANCE BOND
Bond Number CB015918
STATE OF TEXAS $
COUNTY OF DENTON $
KNOW ALL MEN BY THESE PRESENTS: That MIDWEST TOWERS, INC
, of the City of CHICKASHA
County of GRADY , and State of OKLAHOMA
as PRINCIPAL, and National American Insurance Company
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of ONE HUNDRED FIFTY ONE THOUSAND FOUR HUNDRED
NINETY TWO AND 00/100 - - - - - - - Dollars ($ 151,492 00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 20 day of AUGUST
19 96 , for the construction of BID # 1929 - COOLING TOWER RENOVATION
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PE - 1
10-18-1996 6 07PM FROM MIDWEST TOWERS 405 224 4625 P 8
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 29th day of October
1996 '
Midwest Towers, Inc
Address• P.O. Box 1465
(SEAL)
The name and addroVs ,of
G
13415 Hedaeapple
Dallas, Texas 75243
National American Insurance Company
surety
n
a
Title Attorney In Fact
Address:
Moore,
P 0 Box 6327
Ok 73153
(SEAL)
Resident Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 04/05/96
PB - 2
10-18-1996 6 08PM FROM MIDWEST TOWERS 405 224 4625
m
PAYNMNT BOND
Bond Number CB015918
STATE OF TEXAS S
COUNTY OF DENTON $
KNOW ALL MEN BY THESE PRESENTS: That MIDWEST TOWERS, INC
of the City of CHICKASHA
County of GRADY , and the State of OKLAHOMA
as principal, and National American Insurance Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OF DENTON , OWNER, in the el
sum of
ONE HUNDRED FIFTY ONE THOUSAND FOUR HUNDRED NINETY EWg ANgS00/10 51,492 00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 20 day of AUGUST
19 96
BID # 1929 - COOLING TOWER RENOVATION
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
10-18-1996 6 08PM FROM MIDWEST TOWERS 405 224 4625
0
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 29th day of October
19 96
Midwest Towers, Inc National American Insurance Company
Pri pal Surety
By Larry J. Brown r
Title President Title Attorney In Fact
Address: P.O. Box 1465
Chickasha, OK 73023
(SEAL)
The name and
G Michael Dees
13415 Hedgeapple
Dallas, Texas 75243
MA0184D
Rev. 04/05/96
Address: P 0 Box 6327
Moore, Ok 73153
(SEAL)
ident Agent of Surety is:
PB - 4
I
NA-nONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY
OMAHA, NEBRASKA -=
PRINCIPAL Midwest Towera, Inc EFFECTIVE DATE 10/29/96
P 0 BOX 1465 Chickasha Oklahoma 73023
(STREET ADDRESSI (CITY) (STATE) ILIP CODE)
CONTRACTAMOUNT $151,492 AMOUNTOFBOND$ $151,492
POWER NO CB 015918
KNOW ALL MEN BY THESE PRESENTS That the National American Insurance Company, a L.orporation duly organized under the
laws of the State of Nebraska, having its principal office in the city of Chandler Oklahoma pursuant to the following resolution adopted by
the Board of Directors of the said Company on the 8th day of July 1987, to wit
'Resolved, that any officer of the Company shall have authority to make execute and deliver a Power of Attorney L.onstituting as
Attorney -in -Fact such persons, firms, or corporations as may be selected from time to time
Be It Further Resolved that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or
any certificate relating thereto by facsimile, and any such Power of Attorney or L ertificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached ' National American
Insurance Company do-s hereby make, constitute and appoint LARRY JOHNSON, SANDRA S WALKER,
BRENDA COLLINGS OR TOMMY W GREEN State of OKLAHOMA
its true and lawful attorney(s)-in-fact with full power and authority hereby conferred in its name place and stead, to sign execute
acknowledge and deliver in its behalf, and its act and deed, as follows
The obligation of the Company shall not exceed one million ($1,000,000 00) dollars
And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given are hereby ratified and confirmed
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and Its Corporate Seal to be hereto affixed
NATIONAL AMERICAN INSURANCE COMPANY
x��.N INSUq /
PAN `cprOpe, 4hb
m
ie"u'• A T 0 W Arent Ldrtre Chairman & Chief Execoke Officer
rA� t
OMAX"
NrepAeMp
STATE OF OKLAHOMA) SS
COUNTY OF LINCOLN )
On this Sth day of July, A D 1997, before me personally came W Brent LaGere, to me known, who being by me duly sworn, did depose
and say, that he resides in the County of Lincoln, State of Oklahoma, that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above Instrument, that he knows the seal of said cor-
poration, that the seal affixed to the 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
p aOT F9
PUBLIC Notary Public
My Commission Expkes August 31 1995
"eaLN C��x
STATE OF OKLAHOMA) SS
COUNTY OF LINCOLN )
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
Signed and Sealed at the City of Chandler
"AN INSUq
�oiP �Mop"re''LP
m
n
o SEAL Aa
�NFaq"ABMN
Dated the 29th day of October , 19 96
6/e
Winifred E Mendenhall Assistant Secretary