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HomeMy WebLinkAbout1999-138ORDINANCE NO 92 - AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR COOLING TOWER REPAIR AT THE DENTON MUNICIPAL GENERATING STATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2351— COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION AWARDED TO MIDWEST TOWERS, INC IN THE AMOUNT OF $145,210) 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 SECTION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the 'Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2351 ALL Midwest Towers, Inc $145,210 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 III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related 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 th1ja0day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY4=�' L)0-6� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2351 SUPPLY ORDINANCE ATTACHMENT TABULATION SHEET Bid # 2351 Date 3/25/99 (`nnlinn Tr%Wgar Raannir nantnn MunirinA Generating Station No. I City, I D HORIRTION VENDOR VENDOR VENDOR VENDOR Midwest Psycrometnc Star Cooling Towers GET Integrated Cooling � Towers, Inc Systems, Inc Technolo ies Inc tea Cooling Tower Repair $145,210 00 $149,137 00 $194,682 00 $152,968 00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 20 day of APRIL A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and MIDWEST TOWERS, INC. P O BOX CHICKASAW,OK 73023 of the City of CHICKASAW County of GRADY and State of OKLAHOMA, 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 # 2351- COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING in the amount of $145,210 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 CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ELECTRIC ENGINEERING DEPARTMENT 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 APPROVED AS TO FORM CITY ATTO EY CA-3 (SEAL) MIDWEST TOWERS, INC. CONTRACTOR P.O. Box 1465 Highway 19 East Chickasha OK 73023 MAILING ADDRESS (405) 224-4622 PHONE NUMBER (405) 224-4625 Larry J. 'Brown PRINTED NAME (SEAL) BOND NUMBER 1650-10-133900 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That MIDWEST TOWERS, INC., whose address is PO BOX 1465, CHICKASAW, OK 73023, hereinafter called Principal, and Employers Insurance of Wausau, A Mutual Company , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED FORTY FIVE THOUSAND AND TWO HUNDRED TEN and no/100 DOLLARS ($145,210) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-138, with the City of Denton, the Owner, dated the 20 day of APRIL A.D. 1999, a copy of which is hereto attached and made a part hereof, for BID # 2351-COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herem and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas • AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herem as the Resident Agent in Denton County to whom any requisite notices may be delive ed and on whom service of process may be had in matters arising out of such suretyship, asl Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Te . F IN WITNESS WHEREOF, this mstrument is executed in 4 copies, each one of'which shall be deemed an original, tins the 20 day of APREL 1999. 1 1 , ATTEST BY SECRETARY ATTEST BY PRINCIPAL t '�✓ wr r a Midwest Tnwers. Inca, *4 .3.. i M. SURETY u` r� a Employers Insurance of WausaO, A°Mutual g �l.zli i;L. Y`QaA mpany BY i ATTORNEY -IN -FACT 4 j The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME CT Corporation System STREET ADDRESS 350 North St. Paul Street, Dallas, TX 75201 (NOTE Date of Performance Bond must be date of Contract !f Resident Agent is not a corporation, give a person Is name) PB-2 BOND NUMBER 1650-10-133900 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That MIDWEST TOWERS, INC. whose address is PO BOX 14659 CHICKASAW, OK 73023, hereinafter called Principal, and Employers Insurance of Wausau, A Mutual Company , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may f irmsh materials for, or perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of ONE HUNDRED FORTY FIVE THOUSAND TWO HUNDRED TEN and no/100 DOLLARS ($145,210) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-138, with the City of Denton, the Owner, dated the 20 day of APRIL A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2351 — COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its dunes and make prompt payment to all persons, firms, subcontractors, corporations and claunants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herem as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each onelf )wfndh shall be deemed an original, this the 20 day of APRIL 1999 11011.11 ATTEST BY /k� ✓�t� SECRETARY ATTEST BY PRINCIPAL r Midwest Towers, Inc �r BY PRESIDENY SURETY Employers Insurance of Wausau A Mutual Company BY ) v nee C� _ p-�. , � A ORNEY-IN-FACT ` -) The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME CT Corporation System STREET ADDRESS 350 North St. Paul Street, Dallas, Tx 75201 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) 2351 CONTRACT & BONDS & INSURANCE PB-4 No 216-171- 00174 IA W 2 Q F- O Z w O 0 F- Z W W V Q Z� to I- LL LLJ tr Q LL 0 Cr O LL 0 J Q F- O Z to U) 2 F- EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW Al L MEN BY THESE PRESENTS That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporation duly organized and existing under the laws of the State of Wisconsin and having its principal office in the City of Wausau County of Marathon State of Wisconsin has made constituted and appointed and does by these presents make constitute and appoint its true and lawful attorney in fact with full power and authority hereby conferred in its name place and stead to execute seal acknowledge and deliver ANY OR ALL BONDS UNDERTAKINGS RECOGNIZANCES OR OTHER WRITTEN OBI IGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION DOLLARS ($5.000,000)' and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attornev in fact may do in the premises This power of attornev is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May I971 which resolution is still in effect RP SOI VF 1) that the President and anv Vice President— elective or appointive— of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be and that each of them hereby is authorized to execute powers of attorney qualifying the attornev named in the given power of attorney to execute on behalf of EMPI OYFRS INSURANCF OF WAUSAU A Mutual C umpanv bonds undertakings and all contracts of suretvship and that any secretary or assistant secretary be and that each or anv of them hereby is authorized to attest the execution of any such power of attorney and to attach thereto the seal of F.MPI OYFRS INSURANCF OF WAUSAU A Mutual Company F U RTH F R RhSOI V ED that the signatures of such officers and the seal of FMPI OYFRS INSURANCE OF WAUSAU A Mutual Company may be affixed to anv such power of attornev or to any certificate relating thereto by facsimile and anv such power of attornev or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon tht F Mill OYFRS INSURANCF OF WAUSAU A Mutual Company when so affixed and in the future with respect to anv bond undertaking or contract of suretyship to which it is attached IN WITNF tiS WHF RF OF F MPI OYF RS INSURANCF OF WAUSAU A Mutual Companv has caused these presents to be signed by the vita president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of FEBRUARY ,19 93 Y EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ,l,�SEA By J Stephen Ryan Attest X 0l46'� R J B(teman Assistant Secretary STATF OF WISCONSIN ) ) as COUNTY OF MARATHON ) LLC3kl411.lita On this 1ST day of FEBRUARY 1993 before me personally came 1 Stephen Ryan to me known who being by me duly swom did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany the corporation descnbed at and which executed the above instrument, that he knows the seal of said corporation that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Miecmrs of said corporation and that he signed his time thereto by like order Iss W ITN Fti1 W HFRFOF I have hereunto set nit hand and at fixed my oil ctal seal the day and year herein first above written Patricia A Kieman Notary Public NOTARY PUBLIC STATE OF WISCONSIN ' • ° tit Al F OF N Al ONti1N MY COMMISSION EXPIRES MAY 29 1994 l Ir) OF WAUtiAI) ( OUN91 OF MARA9 HON CERTIFICATE I lht undt rsigntd assist nit attrt tan of F MPI OYF RS INtiU RAN( F OF WAUSAU A Mutual C,ompanv a Wisconsin turpurition do htrthv (trots that the foregoing and atuhtd power of ithrrnev WHICH MUST CONTAIN A VAI (DATING STATF MF NT PRINTF D IN THE MARGIN THFRF OF IN RFD INK remains in full force and has not bet n rt i okt d ind furthormort that tht resolution of tht Bit ird of Dire(tors set forth in the power of attornev is still in force Signs d ind sealed in the C itv of Wausau Marathon County State of Wisconsin this 4U LN day ofApril Ig99 V� !/'► i , SEa + R J Besteman Assistant Secretary NO rF IF l01' HA%I AN) (IUF`,TION', RF CARDING IHF YAl IDITY OR WORDING OF THIS POWER OF AIIOHNFI (AII TOII FHFF iM00i Nih 1WI (IN NI,(ONSIN ( AT n+nm I-i not 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 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 clamis-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 trade 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 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 [XI 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 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500,000 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 mmunum 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 lunit 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) [ ] 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 nammg 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 "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 [ ] 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 [ ] 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 [ ] 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 [ ] 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 ATTACHMENT 1 [x] Worker's Compensation Coverage for Budding 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 C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage 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 01 1(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 (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 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 J 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 BID NUMBER 2351 BID PROPOSALS PAGE 2 OF 8 City of Denton, Texas 901-B Texas St Purchasing Department Denton, Texas 76201 ITEM' " e u"m ,o�y'9a v DESCRIPTION s; �f �,, `� QUAN. PRICE AMOUNT 1 COOLING TOWER REPAIR 1 EA 145, 210. 145, 210. DENTON MUNICIPAL GENERATING STATION PER ATTACHED SPECIFICATIONS We quote the above f o b delivered to Denton, Texas Shipment can be made in 10 /15 days from receipt of order Terms net/30 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 penod of time constitutes a comma The complete Bid Proposal must be properly priced signed and returned P.O. Box 1465 MIdwest Towers. Inc Mailing Address Bid y Chickasha OK 73023 c City State Ztp S1 e (4051224-4622 (4%1)2 4-4625 Terry G. Ogburn Telephone Pax Number PnnVrype Name Vice President and Sales Manager Title Midwest Towers, Inc. "Quahiy and Service with Integrity" March 24, 1999 City of Denton 901-B Texas Street Denton, TX 76201 Attention Purchasing Department Subject. Denton Municipal Generating Station Unit 1 / 2 Cooling Tower Repair Midwest Towers' Proposal No MT-R-9040 Gentlemen In response to your inquiry No 2351 dated 8 March 1999, we are pleased to submit our proposal for work to be done on the subject cooling tower We are also enclosing our current Time and Material Rate Schedule for any additional work you may consider Should you have any questions or require additional information, please do not hesitate to call us Sincerely, MIDWEST TOWERS, INC TJ-"1KA4 gbur Sales Manager TGO/se Enclosures cc Lentz Equipment to Ai Hwy 19 East " P O Box 1465 • Chickasha, OK 73023 c T I Tel (405) 224-4622 • Fax (405) 224-4625 Midwest Towers, Inc. "cuahty and Service with Integrity" City of Denton Denton, Texas Subject Denton Municipal Generating Station Unit 1 / 2 Cooling Tower Repair Midwest Towers' Proposal No. MT-R-9040 SCOPE OF WORK 1 DRIFT ELIMINATORS In four (4) cells, remove existing drift eliminators and support system and install Brentwood CDX-160 PVC drift eliminators New drift eliminators will be supported on custom manufactured PVC drain boards/shelf supports, installed at each vertical elevation Included will be 2" x 2" framing stiffeners at the top of each drift eliminator pack to prevent movement 2 HOT WATER BASINS In four (4) cells, remove existing hot water basin, curbs, distribution boxes, nozzles, decking, 2" x 6" basin joists, 2" x 6" midbay nallers, and 2" x 4" joist supports Install new 2" x 4" longitudinal joist supports, 2" x 6" transverse joists and 2" x 6" midbay nailers The new 2" x 6" transverse joists will be spliced at a location near or beyond drift eliminators as dictated by original joint Install new 3/4" CCX pressure treated plywood decking and 2" x 10" longitudinal and transverse basin curbs Each basin will be sealed around the perimeter with chamfered 2" x 2" and caulked with Vulkem Mastic to prevent leakage New custom manufactured distribution boxes will be installed at each existing valve location Also included will be new polypropylene target nozzles New walkways will be installed the full length of the tower on both sides to complete the installation Also included will be new Redwood 4 x 4 stub post supports for Hot Water Basin Cover ria Hwy 19 East • P O Box 1465 • Chickasha, OK 73023 C T I Tel (405) 224-4622 • Fax (405) 224-4625 City of Denton Scope of Work Page 2 3 FILL In four (4) cells, remove the ton six feet of the existing fill and install new fill and fill hangers The fill will be heavy duty Thermabarrm PVC fill and will be supported on heavy duty PVC coated steel mesh hangers New slotted 2" x 4" members will be installed to support the new hangers This highly efficient fill will be orientated parallel to the airflow and will be supplied in 5' & 7' lengths The Thermabar fill will be spaced every 8" vertically and 12" horizontally and will have a total air travel depth of 12' from the louvers to the drift eliminators The hangers will be spaced a maximum of 2' apart and each piece of fill will be solidly connected to the hangers to prevent movement 4 HOT WATER BASIN COVERS In four (4) cells, install hot water basin enclosures Included will be new bolted 2" x 4" transverse joist supports and nailed 2" x 4" longitudinal joists on 36" OC Enclosures will be 12 oz , 4 2 corrugated fiberglass with 6" x 6" corner roll trim Area between fandeck and handrails will remain open for ventilation Included will be all necessary attaching hardware New access ladders will be installed from the fandeck down to the hot water basin walkways The enclosure roof will be framed for ladder access to walkways 5 FAN STACKS In four (4) cells, remove existing fanstacks and install new velocity recovery, rigid fiberglass fanstacks manufactured by Midwest Towers The throat diameter will be 22' and the inlet diameter will be 23'-6" The height will be 6' Also included will be an external FRP motor coupling shaft guard and stainless steel attaching hardware City of Denton Scope of Work Page 3 6 FAN DECK a Remove and replace deteriorated sections of fan deck on a time and material basis as directed by City of Denton representative Based on the present condition of fan deck, it is virtually impossible to determine a starting point and a stopping point An estimate could easily span a minor repair of $1,500 to a complete replacement cost of $8,000 7 MISCELLANEOUS T & M Repairs a Air Plenum 1 Repair damaged plenum divider walls and access doors 2 Deformed areas and damage in all cells 3 Repair damaged plenum doors b Inlet Louvers 1 Remove old Redwood louvers as directed 2 Install new Redwood louvers as directed c Handrail 1 Remove and replace fan deck hand & kneerads 2 New rails will be through bolted d Stairway 1 Re -secure stairway to tower e Supports 1 Replace deteriorated supports throughout tower as directed 8 GENERAL INFORMATION a Midwest Towers has been providing the utility industry with quality products and service for over 13 years Our permanent manufacturing facility located in Chickasha, Oklahoma has over 50,000 sq ft under roof to supply custom manufactured components to not only our utility customers but also to every major cooling tower manufacturer worldwide b Reference list of similar projects enclosed c Organizational chart enclosed City of Denton Scope of Work Page 4 d Work will begin Monday, April 26, 1999 and will be completed on or before Friday, May 28, 1999 e Excluded from our pricing is the cost of performance and payment bonds, if required f Warranty period is one-year labor and materials from date of installation Warranty is promulgated on proper normal operation and maintenance g Our offering is in accordance with subject specification and is intended to be inclusive except as noted in proposal h Pricing includes all labor, supervision, materials, and freight to job site, consumables, hoisting and forklift equipment, crew mobilization, and demobilization City of Denton Scope of Work Page 5 ALTERNATES TO BASE BID 1 In four —(4) cells, remove existing fan decking and install new pressure treated 1'/e' CCX plywood decking Included will be 1" x 4" toeboards around the fan deck perimeter New 2" x 6" fan deck bridging will be installed around the fan deck cutout, to support fan stack Existing fan deck joists will be re -used, however, this area will be inspected after old deck is removed Also included is all necessary stainless steel attaching hardware Total Installed Cost 1 $ 7,998 00 2 Existing water distribution nozzles are in good condition overall We propose cleaning and re -using existing nozzles After removal inspect nozzle bottom dispersion plates Replace broken nozzles as required on T & M basis Deduct From Base Bid 1 $1,498 00 3 Crossover water distribution pipe in the second cell from north has a crack and is leaking in the air plenum area, approximate location is under the gearbox We recommend grinding the existing failing pipe wrap from pipe Prep pipe and re -fiberglass to repair leak Total Cost of Pipe Repair 1 $ 897 00 4 In four (4) cells, remove the top twelve feet of the existing fill and install new fill and fill hangers The fill will be heavy duty Thermabar-Im PVC fill and will be supported on heavy duty PVC coated steel mesh hangers New slotted 2" x 4" members will be installed to support the new hangers This highly efficient fill will be orientated parallel to the airflow and will be supplied in 5' & 7' lengths The Thermabar fill will be spaced every 8" vertically and 12" horizontally and will have a total air travel depth of 12' from the louvers to the drift eliminators The hangers will be spaced a maximum of 2' apart and each piece of fill will be solidly connected to the hangers to prevent movement Total Additive 12' Fill Replacement 1 $ 24,813 00 City of Denton Scope of Work Page 6 5 In four (4) cells, salvage fill material from top six foot replacement and re -install throughout other areas of tower to repair overall fill system to satisfactory condition Structural and support repairs, if encountered, will be T&M Total Lower Section Fill Repairs 1 $ 3,865 00 Midwest Towers, Inc. "Quahty and Service with Integnty" PROPOSAL INFORMATION CUSTOMER City of Denton LOCATION Denton, Texas TOWER NUMBER NO OF CELLS/FANS UNLOAD AND HAUL BY Midwest Towers DISPOSAL BY City of Denton HOISTING/CRANE BY Midwest Towers ELECTRICAL WORK/LIGHTING BY OTHERS DATE March 24, 1999 PROPOSAL MT-R-9040 LABOR Open Shop SUPERVISION Midwest LUMBER Pressure Treated Redwood HARDWARE 300 Series Stainless Steel PRICING MATERIAL Included LABOR & SUPV Included FREIGHT Included TAXES Exempt or Direct Pay by City TOTAL NET PRICE FOB SHIPPING POINT $145,210 00 Prices are firm for acceptance within 60 days from bid date Additional work will be in accordance with Midwest Towers, Inc Time and Material Rate Schedule SHUTDOWN AND SHIPMENT SCHEDULE Shipment can be made 2-4 weeks after receipt of an order Approximately 25 working days will be required to perform the work as outline based on a minimum of all cells being shut down min Hwy 19 East • P 0 Box 1465 • Chickasha, OK 73023 C T I kawk� Tel (405) 224-4622 • Fax (405) 224-4625 Midwest Towers, Inc. "Quality and Service with Integrity" CITY OF DENTON TIME AND MATERIAL RATE SCHEDULE LABOR Superintendent $45 00/Hr Craftsman $24 75/Hr Foreman $27 75/Hr Laborer $19 50/Hr All overtime billed at time and one-half Overtime is defined as time worked over 8 his Per day, or 40 hours in the time period of Monday thru Sunday Included in these rates are the following items • Supervisors truck, • Subsistence (food, lodging, telephone, etc ), • Standard tools Handsaws, hammers, wrenches, electric (cords, drills, saws), chainsaws, etc , • Miscellaneous consumable supplies LUMBER Pressure Treated Redwood $2 20/BF Pressure Treated Douglas Fir $1 45/BF Treated Plywood 1-1/8" 3/4" 1/2" 3/8" Per Sq Ft $2 20 $1 50 $1 14 $ 99 HARDWARE Stainless Steel (18-8 Series) 3/8" dia 1/2" dia 3/4" dia Bolt - per inch $ 35 $ 50 $ 66 Nut - each 24 41 49 Lock or Flat Washer - each 16 22 29 Silicon Bronze Bolt - per inch $ 37 $ 50 $ 72 Nut - each 25 43 51 Lock or Flat Washer - each 18 23 31 Stainless Steel Casing Nails w/neoprene bonded washers $7 50/lb Stainless Steel Threaded Nails $6 50/lb Silicon Bronze Threaded Nails $6 50/lb Type 316 Stainless Steel - Add 40% MISCELLANEOUS Buyouts and Subcontracts Cost Plus 16% MIDWEST TOWERS Fabricated Materials Cost Plus 30% Counterflow Target Nozzles $7 50 each Crossflow Target Nozzles $3 75 each Corrugated 12 oz Gray Fiberglass Standard $1 50/sq ft Class I Fire Retardant $2 10/sq ft Standard Corner Roll $1 70/sq ft Caulking $5 00/tube Equipment Rental Cost Plus 16% Freight Cost Plus 7 5% Lreight (Midwest Towers truck) $1 50/mile AatLdi Hwy 19 East • P 0 Box 1466 • Chickasha, OK 73023 C 7 1 wd9 Tel (405) 224-4622 • Fax (405) 224-4625 May 07-99 01-28P Midwest Towers Inc 405 2244625 P 01 ACORD. CE F I NSUFM CE ° uw el�ww�.l ♦ % 04/28/99 t � PRODUCER ° ?. # k$49.� , , K 0 1Y WAUSAU INSURANCE COMPANIES 5100 N BROOKLINE ERTIFIC THIS CIE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOROEO BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE ITE 1055 __.LAHOMA CITY, OX 73112-5428 COMPAN,, AAUSAU UNDERWRITERS INSURANCE CO. INeuRm MIDWEST TOWERS INC COMPANY BWAUSAU BUSINESS INSURANCE COMPANY PO BOX 1465 CHICKASHA , OK 73018 COMPANY INSURANCE OF WAUSAU COMPANY 0 THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LIBTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWTTHBTANDWO ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS Of SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYP[ O! INSURANCE POLICY NUMBER MUCY ElPRCTIVE DATE RAMIOOIYYI POLICY SXIIMTION DAT94=101YYI UNITS A DBNEMLUAB1uTY 082900000727 08/01/98 08/01/99 JORNERALAcoRsoATir f1 000 000 PRODIX.TSGOMPIOP Aaa SEXC UDED COMMERCIAL OENEML LIABILITY CIAIMSMAOE 7OCCUR PERSOMLlAOVIMNRY S1,000,000 S1,000,000 OVMEWS A WRTRACTORS PROT !EACHCCCURRENCE FIRE DAMAGE oAR fIRI S100,000 I MOD EXP LAN ons AN,anl 11110 000 B AUTOMOBILEULBIUTY X AM AUTO 083900000727 108/01/98108/01/99 COMBINED SINGLE LIMB f],, QQQ, QQQ ALL OYMEO AIROS =HEDULm AUTOS BODILY INJURY f RAr "..) X X 1 HIROO AUTOS N0144N EOAUTOB BODILY INJURY 1, (PWB Q PROPERTY OAMACB If GARAGE UAaXITY I I AUTO ONLY 6A ACCIDENT IS OTHRR THAN AUTO ONLY ANY AUTO 1 EACH AL:.IOEN7 3 AGGREGATE f C 083902000727 08/01/98 O8/Ol/99 EACH OCCURRENCE 1f5 00 00 A41MISIATE 10,000,000 MassuAsiLITY UMBRELLA FORM OTHER THAN UMBRELLA FORM PRODUCTS NEXCLUDED B GOMFUNSATION ANO 081902000727 08/01/98 08/01/99 X STAT Tt YuMITB EACHACCIDENT s500 000 EMPLOYERS UABIUTY OIBEASEFOUCY LIMIT fl 000 000 IWORKERS THE PROFRIETORI X INCL PARTNERS�ISMIVR OFFICERS Apg 0(CL DISEASE EACH EMPLOYEE fSOO 000 OTHER PeeCRIlTIPN OP aPW1TpNeILOOAnaNSIYMNILESNPRPUIL ITSMO RE. COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION ADDITIONAL INSURED: THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES (See Attached Schedule.) CERTIFICA EHOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CITY OF DENTON, TEXAS 9o1-B TEXAS STREET DENTON, TX 76201 CANCELLED, NONRENEWED OR REDUCTION IN COVERAGE .BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SEND 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE Mrnpr AUTHORIZED RSPRMSMAT ACORO RES (I19]11 OT 7 &.597015/M54043 5 _ mACORD CORPORATION 1993 May-07-99 01:29P Midwest Towers Inc 405 2244625 P 02 aESCRIPMONSAContintted frompage t.) POLICY #0829-00-000727. THE INSURANCE COMPANY WAIVES ANY RIGHT OF SUBROGATION AGAINST THE CITY OF 'NTON, TEXAS WHICH MAY ARISE BY REASON OF ANY PAYMENT UNDER POLICY .jMBER 0819-02-000727. CONTRACTUAL LIABILITY COVERAGE AS AFFORDED BY THE COMMERICAL GENERAL LIABILITY COVERAGE FORM. of