HomeMy WebLinkAbout1996-182ORDINANCE NO�-
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
NUMBE CONTRACTOR AMOUNT
1926 M D HENRY COMPANY $181,338 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
PASSED AND APPROVED this thaO—'-_ day of 1996
JACK ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONTRACT DOC
DATE AUGUST 20, 1996
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Ted Benavides, City Manager
SUBJECT BID # 1926 - JIM CHRISTAL ELECTRIC SUBSTATION PACKAGE
RECOMMENDATION. We recommend this bid be awarded to the low bidder meeting
specifications, M D Henry Company, Inc, at the total dollar amount of $181,338 00
SUMMARY. This bid is for all materials necessary to duplex the Jim Christal Substation
Industrial and residential growth in this area of the City has created the need to expand this
substation
The lower bid of Clark Corporation did not meet the bonding and insurance requirements of
the Bid The lower bid of Dis-Tran, Inc was higher after adding the additional items not included
in their bid Notices were mailed to thirty-two (32) prospective vendors and bid responses were
received from four (4) vendors
BACKGROUND- Tabulation sheet, Memorandum from Ray Wells dated August 6, 1996
PROGRAMS, DEPARTMENTS OR GROUPS_AFFECTED. Electric Substation Department,
Electric Utilities, and Citizens who are Electric Utility customers
FISCAL. IMPACT. Budgeted funds for 1996 Electric Substations Account #611-0080-RR87-
CDJC-9217
Respectfully submitted
Ted Benavides
City Manager
Prepared by
l��S✓Yw�) �a/Y-I�Op�Q
Name Denise Harpool
Title Senior Buyer
Approved
0
Name Tom D Shaw, C P M
Title Purchasing Agent
1926 age
96
CITY OF DENTON MUNICIPAL UTILITIES • 901-A TEXAS STREET DENTON TEXAS 76201
M E M O R A N D U M
TO. TOM SHAW, PURCHASING MANAGER
FROM Ray D Wells, Superintendent Electric Substations
DATE: August 6, 1996
SUBJ BID EVALUATION NO. 1926 JIM CHRISTAL SUBSTATION PACKAGE
Bids for the duplex of the Jim Christal substation were opened
July 25, 1996 We had four vendors respond with bid proposals
The low bid meeting our specifications and bid requirements is
M D Henry Company, Inc , of Pelham, Alabama The amount
submitted is $181,338 I request this be placed on the City
Council agenda at your convenience
Thank you
RDW/js
"Dedicated to Quality Service"
R T
CITY NTON
LEGAL DEPT
CONTRACT AGREEMENT
STATE OF TEXAS $
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 20
AUGUST A D., 1996 , by and between
THE CITY OF DENTON
day of
of the County of DENTON and State of Texas, acting
through
TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
M. D. HENRY CO., INC.
120 CLARK STREET/P.O. BOX 40
PELHAM, ALABAMA 35124
of the City of DENTON , County of DENTON
and State of TES . hereinafter
termed "CONTRACTOR."
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 # 1926 - JIM CHRISTAL ELECTRIC SUBSTATION PACKAGE
in the amount of $181,338.00 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
the City of Denton Electric Engineering Diva.sion
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:
r (,( �l t/ �1,0 CITY OF DENTON `
OWNER
��
are Bynn /,�C
zg" e-<
(SEAL)
ATTEST:
M. D. HENRY COMPANY, INC.
P 0 Box 40
Clark Street
Pelham, AL 35124
MAILING ADDRESS
(205) 663-6711
PHONE NUMBER
205 663-6718
FAX NUM
BY
ITLE Presiden
Patrick A Henry
PRINTED NAME
APPROVED AS TO FORM: (SEAL)
�/u
City Attorney
AAA0184D
Rev. 07/28/94
CA - 3
STATE OF TEXAS $ BOND No. 09-0120-49542-96-5
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That M. D. HENRY COMPANY, INC-
, of the City of
PELHAM
County of SHELBY , and State of AIARAMA
as PRINCIPAL, and FIDELITY AND GUARANTY INSURANCE COMPANY
of BALTIMORE, MARYLAND 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 EIGHTY-ONE THOUSAND THREE
HUNDRED THIRTY-EIGHT and 00/100 Dollars ($ 181,338.00 ) 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 HID # 1926 - JIM CHRISTAL ELECTRIC
SUBSTATION PACKAGE
whimh 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.
PB - 1
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 20TH day of AUGUST ,
19 96.
M. D. HENRY COMPANY, INC.
rincipal
By e
PATRICK A. HENRY
Title PRESIDENT
Address:
P. O. BOX 40
I �I I �5 al it it Y'i \ � IZl1 i1 \:7 U Y Y•i I \ F.9U:71 �. (M ��:�; d I •JG� UY
Surety
.12t�4 /Zcz
PATSY6AARRISH
Title Attorney -in -Fact
Address: P. 0. BOX 530350
PELHAM, AL 35124 BIRMINGHAM,
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
PCL CONTRACT BONDING AGENCY
206 ECM, SUITE 105, LEWISVILLE, TX 75057
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
576997
FIDELITY AND GUARANTY INSURANCE COMPANY
POWER OF ATTORNEY U S F+W
NO. 79An IIS0IAICf
KNOW ALL MEN BY THESE PRESENTS That FIDELITY AND GUARANTY INSURANCE COMPANY, a corponron organized and ewsuug under
the laws of the State of Iowa and having its principal office at the City of Baltimore, to the State of Maryland does hereby constitute and appoint
H. Carlton RU01=, Thomas A. Roberts and Patsy Parrish
of the City of Bimfl Ingham Slate of Alabama its line and lawful Attonuy(s)-m-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal ad acknowledge any and all boada, undenalmngs, contracts ad other
written instruments inthe nature thereofou behalfofthe Company to its business ofguwameerng the fidelity ofpersoas guaranteeing the performance ofcontracts
and executing or guaranteeing bonds and undetakungs required or penmtted in any actions or proceedings allowed bylaw
In Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this mstmment to be sealed with its corporate seal duly
attested by the signatures of its Senor Vice President and Assistant Secretary, this 30thday of April AD 1993
FIDELITY AND GUARANTY INSURANCE COMPANY
���pr (Signed) By �
• Seo nr Vice President
(Signed) BY � � �_
'Assistant Secretary
STATE OF MAAYLAND) ' `
,
SS
BALTIMORE CITY
�M1 �
Onthis 30thdayof AY #rll AD 19 33, before me petmWly came Robert J Lamendola
Semor VicePresidentofthe FIDELITANDGUARANTY� ANCE COMPANY and, Paul D S1tas Assistant
Secretary of said Company, with both c whom I am peiaq quunted, who beiogyby me severally duly woo, suit that they the mud Robert J
Lamendola and Paul D �is� s�p«,, N were respgctl5gly the Senior Vice President and the Assistant Secretary of
the said FIDELITY AND GUARANTY INS �(v COMPANY, the,p�Qp�>}blon described m and:which executed the foregoing Power of Attorney, thin they each
knew the mat of mind corporation, that the seWed to suit Pow $ I'�1`iT'amay war such corgobute sal thin it was so affixed by order of the Board of Directors of
said corporation, and that they signed their cams thereto by line �oPdar as Senior Vice Pres�giit'aad Assistant Secretary respectively, of the Company
My Commmsionexpimsthe llth dayin March ,y �{ AD 1995
f w.ury (Signed) h) �'
4Amx�' an 1 " NOTARY PUBLIC
a�y
This Power of Attorney is granted under t`104 abonty of the following Resolutions adopted by the Board of Direemrs of the FIDELITY AND
GUARANTY INSURANCE COMPANY on September 24, 1992
RESOLVED that in connection with the fidelity and surety insurance hotness of the Company all bonds, undertakings, contracts and other mamments
relating to mind business may be signed executed and acknowledged by persons or enures appointed as Attorneys) in -Fact pursuant to a Power of Attorney issued in
accordance with these resolutions Sid Power(s) of Attorney for and on behalf of the Company may and shall be executed in the same "don behalf of the Cpmpauy
either by the Chairman, or the President or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, Jointly with the
Secretary or as Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or hthogrsphed The signatureof each
of the foregoing officers and the seal of the Company may be affixed by fusunde to any Power of Attorney or to any certificate relating therein appointing
Attomey(s)-xn Fact for purposes only of taunting and attesting bonds and undertakings and other writings obligatory in the nature thereof and, unless subsequently
revoked and subject to any 13nutations nit forth thereto, any such Power of Attorney or certificate bearing such £asinine signature or fsesttmle anal shall be valid and
binding upon the Company and soy such power an executed and certified by such facsimile sigomre and fusunile seat shall be valid and binding upon the Company
with respect to any bond or undertalang to which it is validly attached
RESOLVED, that Attomey(s)-in Fact shall have the power and authority, unless subsequently revoked and, in soy cam subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company many and all bonds and undertakings
and other writings obligatory in the nature thereof, and any web instrument executed by such Atmmey(s)-in Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company
1, Paul D Sims , as Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do
hereby certify that the foregoing is a true excerpt from the Resolution of the suit Company as adopted by its Board of Directors on September 24 1992 and that this
Resolution is in full force and effect
I the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force mad effect and has not been revoked
InTesumoay Whereof, I have hereunto set my band and the mat of tDE IT Y AND gUARANTY INSURANCB COMPANY on this 2 NTH
day of AUGUST 19 96. V\ A
i
Assistant Secretary
FS 83 (10.92) (HO)
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That M. D. HENRY COMPANY, INC.
of the City of PELHAM
County of SHELBY , and the State of AIJUU Ma
as principal, and FIDELITY AND GUARANTY INSURANCE COMPANY of BALTIMORE, MARYLAND
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 penal sum of
ONE HUNDRED EIGHT -ONE THOUSAND THREE HUNDRED THI -UiGHT 00/100
e ars ,Ai,-iiA_nn )
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 # 1926 - JIM CHRISTAL ELECTRIC SUBSTATION PACKAGE
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
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 20TH day of AUGUST
19 96
M. D. HENRY COMPANY, INC.
Principal
By
ATRICK A. HENRY
Title PRESIDENT
Address: P. 0. BOX 40
PELHAM, AL 35124
(SEAL)
FIDELITY AND GUARANTY INSURANCE COMPANY
Surety
/2�;� �� �'
PATSY ISH
Title Attorney -in -Fact
Address: P. O. BOX 530350
BIRMINGHAM, AL 35253
(SEAL)
The name and address of the Resident Agent of Surety is:
AAA0184D
Rev. 07/28/94
PCL CONTRACT BONDING AGENCY
206 ELM, SUITE 105, LEWISVILLE, TX 75057
PB - 4
-IMOn
FIDELITY AND GUARANTY INSURANCE COMPANY
POWER OF ATTORNEY U S F+G`
NO Haan WAAkct
KNOW ALL MEN BY THESE PRESENTS That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organtZed sod exrmng under
the laws of the State of Iowa and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
H. Carlton Rushin, Thaws A. Roberts and Patsy Parrish
of the City of Bimi nghain Stale of Alabaina its We and lawful AlWtray(s)-m-Fact, each in their separate
capacity if more than one is named above, to sign its Dame in Dimly to, and to execute seat and aclmowledge my and all bonds, undertakings, contracts and other
written instruments in the nature thereof On behalf of the Company in its business of guaranteeing the fidelity of persons guaranteeing the Performance of contracts
and executing or guaranteeing bonds and undertakings required or pertained in any actions or proceedings allowed by law
In Witness Whereof, the and FIDELITY AND GUARANTY INSURANCE COMPANY has =ad this instrument to be sealed with its corporate seal duly
attested by the signatures of its Senior Via President and Assisted Seem", this 30tbday of April AD 1993
a1MD FIDELITY AND GUARANTY INSURANCE COMPANY
(Signed) By.".
l• ^ 1 Senior Vice Preudenl
(Signed) By � J J�
STATE OF MARYLAND) i t
Assistant Secretary
SS
BALTIMORE CRY
Onthis 30thdayof ADr11 AD 19-93',before mepemsongycam Robert J Lamendola
Senior Vim President of the FIDELRT AND GUARANTY IN NCE COMPANY and? ` Paul D S iMs Assistant
Secretary of said Company with both of whom I am Pon" Died, who bemg)ry me severally duly sw :,*, saki that they, the and Robert J
Lamendola and Paul D�It s were respectk!nhy The Senor Vice Presided and the Assistant Secretary of
the said FIDELITY AND GUARANTY INS MPANY the gq[poi8tt6`n described m and yliloN executed the foregoing Power of Attorney, that they Dinh
knew the Deal of said corporation that the ce ad to mid Powe QqfS `KDtey was such cc said seal that it was so affixed by older of the Board of Directors of
said corporation, and that they signed their names thereto by It,
eSi alas Sector Vsce Pmsidpo4aud Assistant Secretary, respectively, of the Company
My Connotation expires the llth day im�iQarCb A, AD 1995
NOTARY PUBLIC
or
This Power of Attorney is granted under and inonty, of the following Resolutions adopted by the Board of Directors of the FIDELITY AND
GUARANTY INSURANCE COMPANY on September992
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other rustrumeun
relating to and business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resoldrons Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Cpmpany
either by the Chairman, or the President or an Executive Vice President, or a Sector Vice PresidenL or a Vice President or an Assistant Vice President, jointly with the
Secretary Oran Assistant Secretary under their respective desipauons The signature of such officers maybe engraved, printed or lithographed The signature cf each
of the foregoing officers and the seat of the Company may be affixed by facsimle to my Power of Attorney or to any certificate relating thereto appointing
Attomey(s}in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and, unless subsequently
revoked and subject to my Irmatauoas set forth thereto any such Power of Attorney or certificate bearing such facsimile signature or facsimile all shall be valid and
binding upon the Company and any such power so executed and certified by such facsir ule signature and facsirmle seat shall be vend and binding upon the Company
with respect to any bond or undeitalong to which it is validly attached
RESOLVED, that ARomey(s)-m Fact shall have the power and authority, unless subsequently revoked and, in my case subject to the toona and hamtauons
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the mil of the Company to my and all bonds and undertakngs,
and other writings obligatory in the nature thereof, and my such instrument executed by such Ateomey(s}m Fact shall be as binding upon the Company as if signed by
an Executive Officer and waled and attested to by the Secretary, of the Company
L Paul D Sims an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do
hereby certify that the foregoing is a true excerpt from the Resolution of the and Company as adopted by its Board of Directors on September 24 1992 and that this
Resolution is in full force and effect.
I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked
In Tommooy Whereof I have hereunto set my band and the seal of t E %A quAARANIY INSURANCE COMPANY on this z 0TH
day of AUGUST l9 96. i
Assistant Secretary
FS 83 (10 92) (HO)
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
S
KNOW ALL MEN BY THESE PRESENTS: That M. D. HENRY COMPANY, INC.
as Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of Eioc= TapusmD o m HUNDRED THIRTY-THRER and 80/100.
Dollars ($ 18,133.80 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said
M. D. HENRY COMPANY, INC.
has this day entered into a written <
of Denton to build and construct BID
SUBSTATION PACKAGE
ntract with the s
1926 - JIM CHRISTAL
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said M. D. HENRY COMPANY, INC.
as Contractor and Principal, has caused these presents to be
executed by PATRICK A. HENRY
and the said FIDELITY AND GUARANTY INSURANCE COMPANY
as surety, has caused these presents to be executed by its
Attorney -in -Fact PATSY PARRISH
and the said Attorney -in -Fact has hereunto set his hand this2OTH
day of AUGUST 1 1996
SURETY:
FIDELITY AND GUARANTY INSURANCE COMPANY
BY •
PATSY RXRRISH
Attorney -in -Fact
AAA0184D
Rev. 07/28/94
MB - 2
PRINCIPAL:
M. D. HENRY COMPANY, INC.
BY:/�.
PATRICK A. HENRY
PRESIDENT
576987
FIDELITY AND GUARANTY INSURANCE COMPANY
POWER OF ATTORNEY t U S F+Gil
NO 7g4n IIS0RAIIRE
KNOW ALL MEN BY THESE PRESENTS That FIDELITY AND GUARANTY INSURANCE COMPANY a corporation organized and existing under
the laws of the Stale of Iowa and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint
H. Carlton Rushm, Thwas A. Roberts and Patsy Parrish
of the City of B3ztntnghatn . State of Alabalna its true and lawful Atmrney(s}m-Fact, each in their sepanue
capacity if more than one is named above, to sign its name as surety to and to exawle, seal sad acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons, simmilteeing the perfomunce of wntrscts
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law
In Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal duly
attested by the signatures of its Senior Vice President and Assistant Secretary, this 30tbday of APrll AD 1993
FIDELITY AND GUARANTY INSURANCE COMPANY
is (signed) By ,...._. ...
P� o k Senior Vice President
(Signed) By '"
.y Asststant Secretary
STATE OF MARYLAND) y '-
55
BALTIMORE CITY ) a t,}y "t
Y
Onfhis 30thdayof p�>_l AD 19 93,before mepersomIlycame Robert J Lamendola
Senior Via President of be FIDELIT AND GUARANeNCECOMPANYand�" Paul D Sims Assistant
Secretary of said Company with both of whom I ern persnted, wha bewg6yme severslly duly swogr, said ibst they thesaid Robert J
Lamendola and Paul DC,$.,were resp!f4yaTy the Senior Vice President and the Assistant Secretary of
the Mid FIDELITY AND GUARANTY INSU)�s l�fvvB he i ordtion described in andrwbwh executed the foregoing Power of Attorney that they each
knew the seal of stud corporation, that the Mabiffmted to mid Powegr 1Q1 y was such colpoml0 seal, that n was so affixed by order of the Board of Directors of
stud corporation and that they signed their names thereto by like'b S as Senior Vice PretaQgSI and Assistant Secretary respectively of the Company
My CommuMioo expires the llth d�ay�,/r �MarCh % '� A'D 1995
st a tglgDea) _ C
�n NOTARY PUBLIC
rm'o r�
This Power of Attorney is granted under andihonty of the following Resolutions adopted by the Board of Directorsof the FIDELITY AND
GUARANTY INSURANCE COMPANY on September 24 1992
RESOLVED, that in connection with the fidelity and surety msurwce business of the Company all bonds, undertakings. contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) to Fact pursuant to a Power of Attorney issued to
accordance with these resolutions Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the Dame and on behalf of the Cpmpany
either by the Chairman, or the President or ao Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, Jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved printed or lithographed The signature of each
of the foregoing officers and the seal of the Company may be aff ited by facsimile many Power of Attorney or to any conficate relalmg thereto appointing
Attorneys) -in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the mture thereof and, unless subsequently
revoked and subject to soy 11nutWoos set forth therein, any such Power of Attorney or ceruficate bearing such facsimile slgnamrc or facsimile Mal shall be valid and
binding upon the Company and any such power so executed and certified by web facsundc signature and facsimile seat shall be valid and broiling upon the Company
with respect to any bond or undertaking to which it is validly attached
RESOLVED, that AttomrAs}m Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the lama and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the Mal of the Company to any and all bonds and undertakings
and other writings obligatory in the nature thereof, and any such instrument executed by such Atmmey(s) in Fact shall be as binding upon the Company as if signed by
so Executive Officer and Maled and attested to by the Secretary of the Company
I Paul D Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do
hereby certify that the foregoing is a true excerpt from the Resolution of the sad Company as; adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and off scL
I the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoiag Power of
Attorney is to full force and offal and ban not been revoked
In Testimony Whereof I have hereunto not my hand and the Mal of tDE ITY.AND�RANTY INSURANCE COMPANY notion 20TH
say or AUGUST - 19 96. ,
0 Assistant Secretary
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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 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
AAA00360
REVISED 10/12/94
CI-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
P"ISED 10/12/94 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•
Ixl A General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000 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
AAM0360
REVISED 10112/94 CI - 3
Insurance Requirements
Page 4
Ixl Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $1,000.000 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
(x] 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
AAA00350
REVISED 10/12/94 Cl - 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
[ I 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
[A 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
AAA00350
REVISED 10112/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[ 1 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) -
mcludes 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
AM00350
REVISED 10/12/94 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 protect, 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
protect, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
protect, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
protect, 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 protect
F. The contractor shall retain all required certificates of coverage for the
duration of the protect 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 protect
H The contractor shall post on each protect site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the protect that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AM00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
The contractor shall contractually require each person with whom 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
AAA00350
REVISED 10112/94 Cl - 8
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
AAA00350
REVISED 10/12/84 Cl - 9
PROPOSAL FOR ELECTRIC SUBSTATION PACKAGE
City of Denton, Electric Utility Department, 901 B Texas Street, Denton, Texas 76201
ATTENTION Mr Tom Shaw, Purchasing Agent
PROPOSAL FOR Electric Substation Package
BID NUMBER # 1926
GENTLEMEN
The undersigned bidder having read and examined these specifications and associated
contract documents for the above designated equipment does hereby propose to
furnish the equipment and provide the service set forth in this Proposal All prices
stated herein are firm and shall not be subject to escalation provided this Proposal is
accepted within sixty (60) days
The undersigned hereby declared that the following list states any and all variations
from, and exceptions to, the requirements of the contract documents and that,
otherwise, it is the intent of this Proposal that the work be performed in strict
accordance with the contract documents
AND CLARIFICATIONS PAGES
The undersigned bidder hereby proposes to furnish a complete electric substation
package FOB, Denton, Texas, in accordance with these specifications and associated
contract documents listed in GENERAL CONDITIONS, Article GC-1, for the firm lump
sum price of
One Hundred Eighty-one Thousand Three Hundred Thirty-eight Dollars
(Price in Words)
The undersigned hereby declares that only the persons or firms interested in the
Proposal as principal or principals are named herein, and that no other persons or firms
that herein mentioned have any interest in this Proposal or in the Contract Agreement
to be entered Into, that this Proposal is made without connection with any other person,
company, or parties likewise submitting a bid or proposal, and that it is in all respects
for and in good faith, without collusion or fraud If this Proposal is accepted, the
undersigned bidder agrees to submit drawings and engineering data in accordance
with Section 1 C and to complete delivery of equipment and materials in accordance
with the shipping schedule specified The undersigned fully understands that the time
of drawings and data submittal and equipment and materials delivery is of the essence
Dated at Pelham, AL this 24th day of July 11996
Bidder M. D. Henry Co nr_
By
Patrick A. Henry
Title
1 J
PrPRidont-
Attest
Business Address of Bidder P. 0 sox 40
State of Incorporation Alabama
Address of Principal Office 120 Clark Street