1997-260 ORDINANCE NO e~"~5)
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has sohclted, received and tabulated competitive bids for the
construction of pubhc works or improvements m accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest rasponslble bids for the construction of the pubhc works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction ofpubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the Nd number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
~LIMBER CONTRACTOR AMOUNT
2072 GEA THERMAL-DYNAMICS TOWERS, INC $149,442 00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
pubhc works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely executmn of a written
contract and furmslung of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SEGIIDNIII That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
vath the No'ace to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competltxve bxds and the
executton of contracts for the pubhc works and ~mpmvements as authorized herexn, the Cxty Councd
hereby authorizes the expenditure of funds m the manner and ~n the amount as specified ~n such
approved bxds and anthorxzed contracts executed pursuant thereto
~ That ttus ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE SEPTEMBER 2, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT BID # 2072 -- DENTON MUNICIPAL GENERATION STATION UNIT #3
COOLING TOWER REPAIR
RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder,
GEA Thermal-Dynamics Towers, Inc, in the amount of $132,942 00 as bid plus $16,500 00 for
unknown contingencies for a total award of $149,442 00
SUMMARY. Umt #3 Cooling Tower has been in service for 35 years with no significant
structural repmr or renovataon The tower is constructed of wood products which experience
deterioration due to chemical, biological and physical conditions imposed by normal operation
Wooden cooling towers have an anticipated life expectancy of 20-25 years The Unit #3 Cooling
Tower continues to provide acceptable service but is in need of repairs to the mist eliminator and hot
water basins Further deterioration vail effect draft performance, fan damage and cause accelerated
performance reduction
We are recommending this phase approach to rep~urs similar to Unit #4 and Unit #5 This allows
for improved performance and extension of life expectancy
The scope of work proxades for hot water basin renovation, installation of new mist eliminators, and
installation of a hot water basin hood system
The $16,500 00 for contmgencies is to allow for unknown repair requirements detectable only after
the tower use is discontinued
PROGRAMS.. DEPARTMENTS OR GROUPS AI~FECT_ED~ Electric Production D~vlslon
FISCAL~M~A~ Funds for these repmrs will be taken from 1996-97 budget funds for
maintenance of generating eqmpment Account #610-101-1011-8339
Attaehmem Tabulation Sheet
Respectfully submitted
Kath~uBdse
Assistant City Manager of Finance
Approved
Name Tom D Shaw, C P M
Tffie Purchasing Agent
917 AGENDA
3
BID MITCHELL MIDWEST HAMON GEA PSYCHROMETRIC CUSTODIS~
STATION UNIT THREE COOLING TECHNICAL TOWERS CORP TERMAL SYSTEMS ECODYNE
TOWER REPAIR SALES INC DYNAMIC INC
IOPENDATE JULY 15, 1997 INC TOWERS
INC
:/: RO WATE.ASINCO ERS
CONTRACT AGKEEMENT
STATE OF TEXAS
COUNTy OF DENTON
THIS AGREEMENT, made and entered into this 2 day of
SEPTEMBER A.D., 19 97 , by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
GEA THERMAL-DYNAMICS TOWERS, INC
143 UNION BLVD ~ SUITE 400
LAKEWOOD~ CO 80228
of the City of LAKEWOOD , County of LAKEWOOD
and State of COLORADO , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
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 ~ 2072 - DENTON MUNICIPAL GENERATION STATION UNIT #3 COOLING TOWER REPAIR
in the amount of $149~442 00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machxnery,
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
Cond~tlons of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA
blueprints, and other drawings and printed or written explanatory
matter, thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ELECTRIC PRODUCTION DEPARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
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.
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 ve~u~
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.
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day firs= above written.
G~-~ CITY OF DENTON
(s~)
ATTEST:
CONTRACTOR
143 Union Blvd.; Suite 400
Lakewood~ CO 80228
MAILING ADDRESS
303/987-0123
PHONE NUMBER
303/987-4000
FAX NUMBER
PRINTED NAME
APPROVED AS ~0 FO~:
City Attorney
AAA0184D
Rev. 07/28/94
CA - 3
BOI~D IlO. 24-002-718
TFIE STATE OF'I"I~)[AS ' EF~,~.G'TIVE DATE: 912197
COUNTY OF DENTON ' ~is ~otm ~s ~ssu~u n~
KNOW ALL MEN BY THESE PKESENT~. That GEA T~~D~ICS
TO~, ~C., ~ ~ h 145 ~ON BL~. S~ 400, ~WOOD, CO
h~e~ ~1~ ~ ~ ~~ ~s~c~ ~ ~ a ~Uon org~ ~d
~e Sm~ of T~ ~ S~, ~ h~d ~d 6~ly ~ ~ ~c C~ of D~to~ a m~pal
co~omuon org~ ~d ~g ~ ~ ~ of ~e Sm~ of Te~
O~ ~~ ~ ~O THOUS~ ~ ~D FOR~ ~O NO/100-
DOL~ ($1~2~00) plm 10 ~t of~ ~ p~ s-~ ~ ~ ~ao~ ~ of money
mo~ ~fio~ ~ ~ ~s' f~ ~ hqm~d ~m ~ o~ of or ~n-
~c~ ~ ~ ~ i~ ~n~ ~ ~ ~ of~ U~ S~s, ~ ~ prod ~ D~n
~, T~ f~ ~ ~nt of ~ ~ ~ ~ ~Y ~ ~ m~a,~ ~ hereby brad o~clv~s,
pr~ents ~ Bo~ s~ a~l~ ~ ~ ~ ~e ~o~t of ~y Ch~ge ~ or
Su~l~en~ A~ ~ i~ ~ C~t p~ but m ~ ev~t s~l a ~g~ ~dcr
or S~pl~ ~ ~ r~ ~c ~n~ ~oe d~se ~e ~ s~ of ~s Bond
THE OBLIGATION TO PAY SAME u condmoned as follows Whereas, thc Pnnc~pal
entered into a certain ContraeL xdentLfied by Ordinance Number 97-260, w~th the C~ty of Denton~
the Owner, datedthe 2 day of September A.D 1997, a copy of wtuch ~s hereto attached and made
a part hereof, for BID # 2072 - DFf~ITON MUNICIPAL GENERATIONS STATION UNIT #3
COOLING'TOWER REPAnL
NoW, ~ORE, ffthe Pnnclpal shall well, truly and fastlff'ully perform and fulfill all
of the undertakings, covenants, terms, condmons and agreements of smd Conlract m accordance vath
thc Plans, Spcclficattons .M Contract Documents during the ongtnal term thereof and any extension
thereof which may be granted by the Owner, wlth or without notice to hhc Surety, and dunng the hfe
of any guaranty or wawardy rcquu~d under th~s Contract, and shall also well and truly perform and
fulfill all the underlaklags, covenants, terms, condl~ons and agreements of any and all duly
authonzcd modifications of said Contract that may hcreafl~ be madc. nouce of which modilicanons
to thc Surety bern§ hereby waived; and, if Ibc Principal shall repair and/or replace all dcfccts duc to
faulty malenals and workmanship gria! appcar within a period of one (1) year from thc date of final
completlonl end final acceptance of the Work by the Owner, and, tf thc ?nnclpal shall fully
mdcmmfy and save harmless the Owner from all costs and damages whtch Owner may suffer by
reason of failure To so perform hereto and shall fully reimburse and repay Owner all outlay and
cxpense which thc Owner may recur tn making good any default or deficiency, then th~s obhgauon
shall bc void, otherwise, It shall remain tn full force and effect
PERFORMANCE BOND - Page 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclumve venue
shall he m Denton County, Stme of Texas
AND PROVIDED FURTHER, that the sa/d Surety, for value rec~ved, hereby stipulates and
agrees that ,no cha~¢, exton~on or.me, al~erauon o~ ad&~on to the tm~s of the Contract, or to thc
Work to be performed thereunder, or lo the pi.n% Specificallons, Dravangs, elc, accompanying the
same. shall m anywise a/Yea l~s obligation on th,s Bond, and II don hereby wmve no~ce of any such
change, extension of tune, alterallon or addil~on to the temls of the Conlracl, or lo the Work to be
performed theretmder, or to the Plans, Specificahons, Drawings, etc
This Bond is glvon pursuant to the provisions of Chapter 2253 of the Texas Gover~mant
Code, as amended, and any oth~r apphcable statm~ olHhe State of Texas
Th~ undemgned ..a dest?..~ agent ts hereby designated by ~he Surety hereto as the
P. es~deat Agent m DENTON County to whom any mqtus~e notmes m__~y be delivered and on whom
serwce of pro.ss may b~ had m maV. er~ arising o~ of such suretyship, as provided by Am¢le ? 19-1
of th~ Insurance Code, V~moa's Annomed Civil S~atu~es of fl~ Slake of Texas
I~ WITNESS WI41:-~F, this utsll~nent ~ execuled in 4 copies, cac, h one of which shall
be deemed an ongmal, firm the2&day of September, 1~97.
ATYEST PRINCIPAL
/
~ECRgTARY ( VICE ~EIID~IT-'
ATTES~
LIBERTY MUTOAL INSURAI/CE COHP~
BY.., BY
The Reslden! A§en! of the Surety m D~lton Coullty, Texas for dehvtTy of nouce and semce of the
process is
BALDWIN INSURANCE & BONDING ATTN W~ll~am D Baldwin
STREETADDI~ESS 1201 Kas Dr~ve, Su:te B, R~chardson, Texas 75081
(NOTE Da~e ~f?~ormance BOnd m~stb~ dam o£ConU~:t IfRes~dem Atcnt is no~ a
¢orporauon, give a ~ name )
PERFORMANCE BOND - Page 2
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND
!175 3
This Power of Attorney Ilmlta the act of thoae named herein, and they have no authority to bind the Company except in the
manner and to the extent herein elated
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS That Liberty Mutual Insurance Company (the "Company") a Massachusetts
mutual ~nsurance company, pursuant to and by authority of the By law and Authonzat~on hereinafter set forth, does hereby name
constitute and appo;nt. ROBERT L FIX, KAREN M. GWYNN, KEITH W NEWELL, JEFFREY DeeROSlER, CAROLYN
C FEIGHT, CLAIRE M ENQELHARDT, MARIE J HUTCHENS, ALL OF THE CITY OF ORANGE, STATE OF
CALIFORNIA ..........
each individually it there be more than one named its true and lawful attorney in tact to make execute seal acknowledge and deliver for and on its behalf as surety and as
-- rts act and deed any and all undertaking8 bonds recognizances and other surety obligations The execuhon of such bonds or undertabngs in pursuance of these presents
shall be as binding upon the Company as ~f they had been duly s~gned by the president and attested by the secretary of the Company ~n their own proper persons
That this power ~s made and executed pursuant to and by authority of the following By law and Authorlzahon
ARTICLE XVI Execution of ContrasTs Sechon 5 Surety Bonds and Undertakings
Any officer or other official of the company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman
or the president may prescribe shall appoint such attorneys in fact as may be necessary to act in behalf of the company to make execute seal acknowledge and
deliver as surety any Br~d all undeffakings bonds recognizance8 and other surety ob~lgahons Such attorneys m tact subject to the limltabons set fonh in their
respechve powers of attorney shall have full power to bind the ooRlpany by their signature and execuhon of any such instruments and to attach thereto the seal of
the company When 8o executed such Instruments shall be as bindlrtg as g s~gned by the president and attested bY the secretary
ay the follow;ng instrument the chairmen or the president has authorized the officer or other official named there~n to appoint attorneys m fact
Pursuant to Article XVI Section 5 of the By laws Assistant Secretary Garnet W EIliott ~s hereby authorized to appoint such attorneys in tact as may be necessary
to act in behalf of the company to make execute seal acknowledge and deliver as surety any and all undertakings bonds recognizances and other Surety
obhgahons
That the By taw and the Authorization above set forth are true copies thereof and are now in full force and effect
iN WITNESS WHEREOF this Instrument has been subscribed by its authorized officer and the corporate seal of the sa~d L;berty Mutual Insurance Company has been afhxed
thereto ~n Plymouth Meenng Penns Ivama th~s OOfh day of .h d~ 19 97 -
LIBERTY MUTUAL INSURANCE COMPANY
Garnet W Elllott Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
Onth~s ~_Dth dayof ~1.1~ AD 19 R7 beforeme aNotaryPubt~c personally came the ~nd~vidual known to me to be the there~n
described indlvldua~ and office ~ Mutual Insurance Company who executed the preceding instrument and he acknowledged that he executed the same and that the
seal affixed to the said is the corporate seal of said company and that said corporate seal and his signature subscnbed thereto was duly afl~xed and
subscribed to the sa~d d direction of the said company
/ hand and affix my official seal at Plymouth Meehng PA the day end.ear hrst above written
CERTIFICATE
of Liberty Mutual Insurance Company do hereby ced~fy that the ong~nal power of attorney of which the foregoing ~s a full true
and correct copy ~s in full Tome and effect on the date of ibis certiffoate and I do further certify that the officer who executed the said power of attorney was one of the officers
specially authonzed by the chairman or the president to appoint any attorney in fact as prowded m Arbcle XVI Section 5 of the By laws of L~berty Mutual Insurance Company
This cert~hcate may be signed by facsimile under and by authority of the following vote of the board of d~rectors of L~bedy Mutual Insurance Company at a meeting duly
called and held on the 12th day of March 1980
VOTED that the f~cslmile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of
attorney 18sued by the company shall be vslid and binding upon the company w~th the same force and effect as though manually affixed
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixe¢ ~e corporate seal of the aa~d company th~s 2~T~ day of
SEPTEt, IBER ~9 97 ~f~ ~\ /
THIS POWER OF AI'rORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI DO. N2L~E AFTER --- JuI.v 29 19 99
PAVMkTrqT BOla'I)
BOlqD NO. 24-002-718
E~CT~ DATE: 9/2/97
~ STA~ OF ~S '
CO~ OF D~ON '
KNOW ALL MBN BY THESE PRESENTS That GEA THERMAL-DYNAMICS
TOWERS~ INC., whose adcLr~s ~s 143 UNION BLVD., SUITE 400, LAKEWOOD, CO 80228,
h~remaf~ called Prmcupal, and LIBERTY ~lu't't~L INSURANCE CO~IpAN~ a corporation orgamzed and
erasung uadet the laws of the Stale ofMASSAI;fluSETTS, alld fully authonzcd to ll'wlsact business m
the State of Texa~, as Surety, are held and firmly hound unto the Clly of Denton, a mumclpal
corporauon or~amz~d and ex,sung under the hws of the State of Tzxas, herema/ter called Owner.
and unto all persons, firms, and coxpomfions who may furmsh materials for, or perform lahor upon,
the braiding or improvemeats her~laa/ter refen-~ to, in the penal sum of ONE HUNDRED
THIRTY TWO THOUSAND NINE HUNDRED FORTY TWO no~100- DOLLARS
($132,942.00) m lawful money of the Umted States, to be paid In Denton Couuty, Texas, for the
payment of wtuch sum well and truly to be made,, we hereby brad ourselves, our heirs, executors,
~mmisuators, successors, aud assigns, jointly and severally, firmly by those presents. This Bond
shall automaucally be mcreesed by the amount of auy Change Order or Supplemental Agl'eelllent
whch mcr~.s~ the Contra~ prlc~, but m no event shall a Chen~e Order or Supplemental Agreement
which reduces tho Contract price decrease the penal sum of tins Bond
THE OBLIGATION TO PAY SAIvffi is conchuoned as follows Whereas. the Pnnmpal
entered rote a certain Contract, ~deatffimi by Ordfmanee Number 97-260, with tho Cxty of Denton,
the Owns, dated the 2 day of Sep~mber, A.D 1997. aeopy of which ~s hereto att~hed and made
a pan be~0/; for BID # 20T2 - DENTON MUNICIPAL GENERATIONS STATION UNIT//3
COOLING TOWER REPAIR.
NOW, THEREFORE, fflhe Principal shall well, truly and fal~'ully perform its duues .~a
make Prompt payment to all persons, ~ subconlracto~s, corporauons and claimants supplying
lahor and/or material m the prosecuuon of the Work provided/'or m sa~d Contract and any and all
duly auth0nzed mochficattons of said Contract that may hereafter be made, notice of which
mod~ficau0ns to tho Surety being hereby expressly waived, then tlus obhgauon shall be void,
otherwxse ii shall roman in full force and effect
PROVIDED FURTHER, that ~fany legal a~on be filed on tius Bond, exchmve venue shall
he m Denton County, Texas
AND PROVIDED FURTHER. that the smd Surety, for value received, hereby stipulates and
al~es that no change, extension oftmlo, alterallon or addlllon to the terms of tho Contract, or to the
Work performed thereunder, or to the Plans, Specifications, Drawings, otc, accompanying the same,
shall in anywise afl'eot ~ts obhganon on this Bond, and it does hereby waive notice of any such
change, extens|on of time, alteration or addluon lo the terms o£tho Contract, or to the Work to be
performed thereunder, or to the Plans, Speclficaimns, Dravangs, otc
PAYMENT BOND - Page 1
This Bond Is t~ven pursuant to the pro,assorts of Chapter 2253 of the Texas Governmcm
Code, as amendcd, and any other apphcable statutes of the State of Texas
The undersigned ~ad designated agent is h~rcby ,~,_o~-~ed by thc Sure~y hereto as the
Kemdent Ag~t m DENTON County to whom any mqum~e nouces may be delivered and on whom
service ofproccss may be had m matters ans,nE out of such suretyship, as prov~d~ by Article 7 19-1
of the Insurance Code, Vcmon's Annotated Civil St~.,.$ of the Sta~ of Texas
IN WITNESS WHEREOF, this instalment Is executed/n 4 copies, ~ach one of which shall
be deemed an onguml, flus the 24 day of September, 1997
ATTEST PRINCIPAL
ATTESr SUKETY
LIBERTY ~IOTuAL INSURANCE COHPA.NY
BY BY ~_
The P. estdent Agent of the Surety In Denton County. Texas for delivery of notice and sermcc of'he
process ~s
NA_]%~ BALDWIN INSURANCE & BONDING
ST1R.F.~E;TADD~S. 1201 Kas Dr~ve, Suite B, Richardson, Texas 75081
('NOTE Dat~ of Payment Bond must be dam of Contract If Resident Agent ~s not a
corporation, g~ve a pm:soMs narnc)
PAYMENT BOND Page 2
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND '1
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the
manner and to the extent herein stated
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS That Liberty Mutual Insurance Company (the Company") a Massachusetts
mutual insurance corilpaRy~ pursuant to and by autfiOrlty of the By-law and Authonzat~on hereinafter set forth, does hereby name
const*tute and appomt, ROBERT L FIX, KAREN M GWYNN, KEITH W. NEWELL, JEFFREY D®~'RO$1ER, CAROLYN
C FEIGHT, CLAIRE M, ENGELHARDT, MARIE J NUTCHENS, ALL OF THE CITY OF ORANGE, STATE OF
CALIFORNIA . ,
each ~ndMdually if there be more than one named its true and lawful attorney in tact to make execute seal acknowledge and dehver for and on its behalf as surety and as
-- its act and deed, any and al~ ubdertakJngs, bonds recognlzancas and other surety obligations The execuhon of such bonds or undertakings ~n pursuance of these presents
shall be as binding upon the Company as if they had been duly signed by the president end attested by the secretary of the Company m their own proper persons
That this power Is made and executed pursuant to end by authority of the following By law and Authorization
ARTICLE XVI Execotlon of Contrasts Section 5 Surety Bonds and Undertakings
Any officer or other official of the company authorized for that purpose In writing by the chairman or the president and subject to such limitations as the chairman
or the president may preaQrJbe, shall appoint such attorneys in fao[ as may be necessary to act in behalf of the company to make execute seal acknowledge and
deliver as surety any end all undertakings bonds, recognizanced and other surety obligations Such attorneys in fact subject to the limitations set forth ~n their
respective powers of attorney shall have full power to bind the company by their signature and execuhon of any such instruments and to attach thereto the seat of
the company When so executed such Instruments shall be as binding as if signed by the president end attested by the secretary
By the following instrument the chairman or the president has authorized the officer or other official named there~n to appoint attorneys In tact
Pursuant to Article XVJ Section 5 of the By laws Assistant Secretary Garnet W Ellioff is hereby authorized to appoint such attorneys in tact as may be necessary
to act m behalf of the company to make execute seal acknowledge and dehver as surety any and all undertakings bonds recognizances and other surety
obhgahons
That the By law and the Authonzahon above set forth are true copies thereof and are now in full force and effect
IN WITNESS WHEREOF thls instrument has been subscribed by ~ts authorized officer and the corporate seal of the sa~d L~berty Mutual Insurance Company has been att~xed
thereto in Plymouth Meehng Penn~ylvama th~s o_~h day of _l..!,j 19 97
Garnet w Elhott Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this ~ day of .b d~/ A D f9 9? before me a Notary Pubhc personally came the ~ndlvidual known to me to be the there~n
described individual and officer __ ' Mutual Insurance Compasy WhQ executed the preceding instrument and he acknowledged that he executed the same and that the
seal affixed to the said Is the corporate sea[ of acid company and that said corporate seal and his s~gnature subscribed thereto was duly affixed and
subscribed to the said cl direction of the said company
~ hand ~1 seal ~t P~lymouth Meeting pA the day end,ear hrst above wdffen
DONNA E SHIELDS Nolary Pubhc
CERTIFICATE
I the undersigned ~ of Liberty Mutual Insurance Company do hereby certdy that the original power of attorney of which the foregoing m a full true
called and held on the 12th day of March 1980
attorney issued by the company shall be vahd and binding upon the company w~th the same force and effect as though manually affixed
IN TESTIMONY WHEREOF I have hereunto subscribed my name and afflxe~[~t.he corporate seal of the sa~d company th~s ~__ day of
~';~/ AssiStant S~'c~ary ~
THIS POWER OF AI'I'ORNEY MAY NOT as USED TO EXECUTE ANY BOND WITH AN INCEPTI D~L~.T~ AFTER __
Sta~e of CALIFORNIA ~, )
) ss
County of 0R~GE )
I, MA~T~ .7. B'erc'l~s a Notary Pubhc in and for said
County, in the State aforesaid, do hereby certify that ~ M. ~ of the
LIBERTY lvlLrrUAL INSURANCE COIVlPA.NY, who is personally known to me, appeared
before me this day and acknowledged that sa~ ,s~gned, sealed and delivered the
foregoing instrument as .~ free and voluntary act as Attomey-,n-Faet of the
LIBERTY lvlUTUAL INSUI~CE COIVlPANY, and as the free and voluntary act of the
LIBERTY lvIIIrUAL INSUi~CE COIVI~A.NY, for the uses and purposes there,n set forth
Cnven under my hand and Notarial Seal this 24TH .day of $~PT~I, IB~!~, , A D 19 97
~/l~ GOMM. #~11086'1 a ///~o{dry Pubhc ' '
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 Iow 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 llabiht~es of the Contractor, the
Contractor shall provide end 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 w~th the
Purchasing Department satisfactory certificates of insurance, containing the b~d
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 b~d
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 notificatmn
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 ~n
compliance w~th these general specifications throughout the duration of the Contract,
or longer, If so noted'
· Each policy shall be ~ssued by a company authonzed to do business ~n the
State of Texas with an A.M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared ~n the bid
proposal If requested by the City, the ~nsurer shall reduce or ehmmate
such deductibles or self-~nsured retentions with respect to the City, ~ts
AAAO0350
REVISED 10/12/94 CI - I
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following'
· · Name as additional ~nsured the C~ty of Denton, ~ts 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 ~nsured against whom
claim ~s made or suit is brought The inclusion of more than one
insured shall not operate to ~ncrease the insurer's limit of liability
· All policies shall be endorsed to provide th~rW(30) days prior written not~ce
of cancellation, non-renewal or reduction in coverage
· Should any of the required ~nsurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required insurance be prowded under a form of coverage
that includes a general annual aggregate limit providing for claims
investigation or legal defense costs to be ~ncluded ~n 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 C~ty
recmves satisfactory evidence of reinstated coverage as required by th~s
contract, effective as of the lapse date If insurance ~s not reinstated, C~t¥
may, at ~ts sole option, terminate this agreement effective on the date of
the lapse.
AAAO0350
.~'v~s~ ~o,~/e4 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance polacles proposed or obtained in satisfaction of this Contract shall
additionally comply w~th the following marked speczfications, and shall be maintained
in compliance w.th these additional specifications throughout the duration of the
Contract, or longer, if so noted:
Fi A General Liability Insurance:
General Liability insurance with combined single lam~ts of not less than
;1,°oo,ooo.ooshall be provided and mazntamed by the contractor The policy
shall be written on an occurrence basis either ~n a single policy or ~n 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 llab~hty
covering this contract and broad form properW damage coverage
· Coverage B shall ~nclude personal injury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, Pt shall ~nclude at least
· Bodily injury and Property Damage Llabal~ty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual llabil~ty (preferably by endorsement)
covering this contract, personal ~njury liablhty and broad form
property damage liability.
AAA003EO
,EWSEO ~o/~2~4 CI - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall prov,de Commercial Automobmle Liab,lity insurance w~th
Combined Single Limits (CSL) of not lees than ~5oorooo.oo e,ther ~n a s~ngle
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 automobmles and mob,le equmpment used
in conjunction wroth this contract.
Satisfaction of the above requ;rement shall be ~n the form of a pohcy
endorsement for:
· 8ny auto, or
· all owned, hired and non-owned autos
ix] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
wh;ch, ~n additmon to meeting the m;mmum statutory requzrements for ;ssuance
of such insurance, has Employer's L;ab;Izty hm;ts of at least $100,000 for each
accmdent, $100,000 per each employee, and a $500,000 policy limit for
occupatmonal disease. The City need not be named as an "Add;t~onal Insured"
but the insurer shall agree to wa;ve all r,ghts of subrogatmon aga;nst the C;ty,
mrs officmals, agents, employees and volunteers for any work performed for the
City by the Named Insured For bu,ld,ng or construction projects, the
Contractor shall comply with the provmsmons of Attachment 1 mn accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensatmon Corem,ss;on (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtamn, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective L,ab;l~ty insurance policy naming the C~ty as ;nsured for property
damage and bodily mnjury which may ar~se ~n the prosecution of the work or
contractor's operations under thins contract Coverage shall be on an
AAA00350
REVISED 10112/84 CI ' 4.
Insurance Requirements
Page 5
"occurrence" basis, and the policy shall be issued by the same msfJrance
company that carries the contractor's liability insurance. Policy limits w, II be
at least combined bodily injury and property damage per
occurrence with a .. aggregate.
[ ] Fire Damage Legal Uability Insurance
Coverage is required if Broad form General Liab,l,ty ~s 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 Uability Insurance
Professional liability Insurance with limIts not less than per claim
w~th respect to negligent acts, errors or omissions in connection w;th
profess;onal services is required under this Agreement
[ ] Builders' Risk Insurance
Bu,lders' R,sk Insurance, on an AII-R~sk form for 100% of the completed value
shall be provided Such policy shall ~nclude as "Named Insured" the City of
Denton and all subcontractors as their ~nterests may appear
[ ] Additional Insurance
Other Insurance may be required on an ~ndlvldual basis for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
required for a specific contract, that requ;rement w~ll be described ~n the
"Specific CondItions" of the contract specif, cations.
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REVIS£D 10112/04 CI - 5
Insurance Requirements
Page 6
A'I'rACHMENT I
[x] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A. Definitions:
Certificate of coverage ("certlflcate")-A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commlss,on, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutor~ 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 begmnmng 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 wroth the contractor and regardless of
whether that person has employees This ~ncludes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to provide serv,ces on the project
"Services" ~nclude, without limitation, providing, hauling, or dehvenng
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not ~nclude act,wtms unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
dehvery of portable toilets.
B. The contractor shall prowde coverage, based on proper reporting of
classification codes and payroll amounts and hhng 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
AAA00350
Insurance Requirements
Page 7
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage w,th
the governmental entity showing that coverage has been extended
E. The contractor shall obtain from each person prov,dlng 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 entaty will have on file certafica~es 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, ~f 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 ent;ty in wr;ting by certified
mini or personal delivery, within 10 days after the contractor knew or
should have known, of any change that matenally 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 Commlss;on,
informing all persons prowding services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
AAA00360
~'v,s~ ~o,2/.4 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom ~t
contracts to provide services on a project, to:
(1) prov,de coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, wh,ch
meets the statutory requlraments of Texas Labor Code, Sect;on
401.011 (44) for all of Its employees providing serv,ces 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 ~s being
prov,ded 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 mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person prowding services on the project, and
REVISED 10112/94 Cl - 8
Insurance Requirements
Page 9
(7) contractually require each person wroth whom ,t contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are prov,dlng services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who w;ll provide servmces on the project w, II
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of class,flcatlon
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate Insurance carrier or, mn the case of a self-tonsured, w,th
the commission's Divlsmon of Self-lnsurence Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions..
K. The contractor's failure to comply w,th any of these prov,s~ons 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
wmthmn ten days after rece,pt of notice of breach from the governmental
entity.
AA~O0360
.~v,,.~ ~o,:~*~ CI - 9
i0/13/1997 08 00 040-383-7555 ELECTRIC PRODUCTION PAGE 02
BID NUMBER 2072 BID PROPOSALS Paoe 2 of 2
City of Denton, Texee ~01 B Taxa8 SL
Pumhaelng Department Denton, Texas 78~01
ITEM DESCRIFTION QUAN PRICE AMO J
A?.T. LABOR A.ND llA'£]f~ rAT.S Ii~C~-SSA][¥ ~O~, ItF~AT.R OF
CIt;NIG~T~G STATTON UN'rT ~ COOL[NC TOW~..
1. DI['rFT IG.,~INA.TOR SYSTI~ l']!~]l [[[.A.1. 1 $
2. HOT WA~£E,U~ aA.giN P]E~ III.A. 2. 1 $ $42~6fi3
3. FILLING PER III.A.3. 1 $ $28,23f
4. ~IOT WA'rY.~ BASIN COvF-,tu~ P~ ITI.A.4. 1 $ $27,202
5. t~ISCELLA.WEOUS RRP,,%TR.~ PIlL III.A.5. ! $ $ 3,13-
TOTALS $132,
we quota the above f o b dellYared to Denton, Taxes Shipment can be mmda In30 to 45 days from receipt o! order Terms net/30
unless otherwise Indlceteci
In submitting the ePove bid, the vendor agrees that acceptance of any or e, bid items by the C~ty of Denton, Texas w~thm a
reasonable period of time constJtuee a contract Trte completed Bid Proposal must he properly priced, signed and returned
143 UNION Blvd., Suite 400 GEA Thermal-Dynamic Towers, Inc
C~ly 8t&te Zip Signature
(303) 987-0123 Director of Repazr