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
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No 216-171- 00174
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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
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♦ % 04/28/99
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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
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S1,000,000
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!EACHCCCURRENCE
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MOD EXP LAN ons AN,anl 11110
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AM AUTO
083900000727 108/01/98108/01/99
COMBINED SINGLE LIMB f],, QQQ, QQQ
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BODILY INJURY f
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EACH OCCURRENCE
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A41MISIATE
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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
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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