1996-181 ORDINANCE NO 5~ -/j;Y/'
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING i CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supphes or services in accordance w~th the procedures of STATE
law and City ordinances, and
WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended
that the herein described Nds are the lowest responsible bids for the materials, equipment, supphes
or serwces as shown in the "B~d 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, eqmpment, supphes 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, supphes, or services, shown ~n the "B~d Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items
BID ITEM
~ 25!O VENDOR AMOUNT
1777 ALL FOSTER HIGGINS INC $5 00 PER EMPLOYEE PER MO
1924 ALL INCHCAPE TESTING SERVICES EXHIBIT"A"
1929 ALL MIDWEST TOWERS INC $151,492 00
SEC2T2ONAI 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, eqmpment, 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
SECIIONiII 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 contmned in the B~d Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above numbered xtems of the
submitted bids, the C~ty Council hereby authorizes the expendxmre of funds therefor xn the amount
and m accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as
authorized herren
SECIiOBIX That this ordmance shall become effectxve ~mmedmtely upon its passage and
approval
PASSED AND APPROVED thx~day of OcLi_, 1996
JA~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SUPPLY ORD
DATE AUGUST 20, 1996
CITY' COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID # 1777 - HEALTH INSURANCE AND ACTUARIAL CONSULTING
SERVICES - 2ND YEAR RENEWAL
RECOMMENDATION. We recommend this bid be extended for the second year to Foster Hlgglns
& Co Ine, in the amount of $5 00 per participating employee per month with a monthly minimum
of $ 3,400 00 and a monthly maximum not to exceed $5,000 00
SUMMARY: TbJs bid was approved by Council m July, 1995, for the first year of a possible three
year obligation with prices and terms remaining favorable to the City and with the agreement of Foster
Hlggins
This renewal reflects a $1 00 increase per employee, however, the maximum of $60,000 remains the
same as the first year Assuming an unchanged census count, the one dollar per employee price
adjustment will increase the contract amount by $10,284 00 The total amount for this second 12
month period will be approximately $54,000 00
~ Memorandum from Ted Benav,des, City Manager (prepared by Tom Khnck,
Director of Human Resources)
PROGRAMS~. I~EPARTMENTS OR GROUPS AFFECTED. The Health Insurance Program
covers all eligible regular full-time and part-time employees and their covered dependents In all C~ty
departments
RJS~,L~M~ Total annual contract fee is not to exceed $60,000 Funds are available in the
1995/96 and proposed 1996/97 budgets
Respectfully submitted
~Ted Benavldes
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
758 AOBNDA
DATE: August 6, 1996
CITY COUNCIL REPORT
REGULAR SESSION
TO. Mayor and Members of the C~ty Councd
FROM: Ted Benavldes, City Manager
SUBJECT: HEALTH INSURANCE & ACTUARIAL CONSULTING SERVICES -
RENEWAL CONTRACT for 2nd YEAR RENEWAL
RECOMMENDATION:
It ~s the staff's recommendatton that the C~ty Council authorize the C~ty Manager to execute a
renewal contract w~th A Foster H~gg~ns & Co, Inc, to prowde the Cay with health ~nsurance
and actuarial consulting servmes for the period July 18, 1996, to July 17, 1997 The contract
would also authorize renewing the contract for an add~tmnal year assuming fees and servtce
remmn favorable to the C~ty
SUMMARY'
The C~ty Councd authorized the C~ty to retmn Foster H~gg~ns in July, 1995, to assist the C~ty
w~th several techntcal and complex ~ssues surrounthng the Ctty's group health ~nsurance program
for employees and dependents Those servmes included
1 Evaluate/prowde recommendatmns on the overall strategic goals/object~ves/d~rectmns of
employee health and wellness programs Provide advice/recommendations related to
national health reform
2 Evaluate/prowde recommendations on the admlmstratlon and operation of current health
~nsurance program
3 Develop/analyze and prowde recommendations concerning proposed b~ds and contract
negotiations
4 Momtor/analyze/prowde recommendations for Cxty's group health Insurance plan, clmm
levels, utthzatton data cost and claims controls
5 Government reporting preparation and submission
C~ ManagerRepo~ ~ Cn~ CounciI. He~thInsu~nce& ActuanalConsul~ngSe~ces-
RewsedContract
Au~st~l~6
P~e2
6 Presentation and attendance at City meetings City Council, City management, Employee
Insurance & Wellness Committees
7 Perform other tasks related to group health and wellness programs as reasonably
requested by the City
Foster Hlggms has assisted the City m ~ts negotiation for a third year renewal with the health
~nsurance program (1996 Plan Year) That renewal resulted m negottat~ng Harris' mmal renewal
rate Increase of 9% to an agreed 5% mcrease over 1995 premiums TI'as represents a savings of
approximately $110,000 in projected health insurance costs for FY 1995/96
The firm assisted the C~ty w~th the re-bid of its health insurance program and negotiated some
d~fficult Issues regarding thru re-btd Their services have resulted in the City bemg able to
further lower its health care costs ~n the 1996/97 budget year by approximately $38,000 over
previous year's coverages
The previous contract for health insurance and actuarial services was bid with provisions to
renew subsequent year's services w~th Foster Hlgglns However, it is the staff's conclusion that
certmn pro~nslons of the conlxact should be revised m order to ensure clarity concerning the
intent of C~ty Council and the authority to execute renewal prowslons
Thus, the staff,s recommending that the Council anthonze the City Manager to renew the
contract for a second term w~th changes to the contract and provide for a third year renewal
assuming fees and services remain favorable to the City
PROGRAM. DEPARTMENTS OR GROUPS AFFECTED
The Health Insurance Program covers all ehgible regular full-time and part-time employees and
their covered dependents in all City departments
FISCAL IMPACT:
Changing thts contract will not result tn any previously authorized costs The new fee would
provide for a $5 per employee per month retmner fee not to exceed a mammum of $5,000 per
month The total annual contract fee will not exceed $60,000 Funds are included in the 1995/96
City Manager Report to City Council Health Insurance & Actuarial Consulting Services -
Revised Contract
August 6, 1996
Page 3
and proposed 1996/97 budgets to cover these ~mportant services
Respectfully submitted,
~red Benawdas
C~ty Manager
Prepared by
Thomas W Khnck
D~rector of Human Resources
Approved by ~
Betty McKean
Executive D~rect, r. MS/ED
C \wmdows\wp60\aralg\arpt96gl wpd
Prepared 7/20/96
DATE AUGUST 20, 1996
~RT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID # 1924 - ANALYTICAL TESTING
RECOMMENDATION. We recommend this bid be awarded to the low bidder meeting
specification, Inchcape Testing Services, for the annual contract at the unit prices listed on attached
Exhibit A This will be a total annual estimated expenditure of $15,500 00
SUMMARY: Tins bid is for services of a laboratory to perform testing of groundwater momtonng
wells at the Landfill and testing of sludge samples for the Wastewater Treatment Plant The lower
bid by Certs Environmental Laboratory did not meet bid requirement of being in business in excess
often years Bid packages were mailed to seven (7) prospective vendors and bid responses were
received from five (5) vendors
BA~ Tabulation sheet, Memorandum from Vanetta Verbosh dated August 6, 1996
PROGRAMS; DEPARTMENTS OR GROUPS~MT~EC~EDz Municipal Laboratory, Water
Wastewater Treatment Plant, Utilities, and Citizens of Denton
FISCAL IMPACT: Budgeted funds for Mumclpal Laboratory Account #625-082-0481-8502 and
#625-082-0483-8502
Respectfully submitted
rFed Benavldes
City Manager
Prepared by
Name Denise Harpool
Title Senior Buyer
Approved
Name Tom D Shaw, C P M
T~tle Purchasing Agent
1926 AGE
CITY of DENTON, TEXAS ENVIRONMENTAL SERVICES / 1100 MAYHILL ROAD / DENTON, TX 76208
MEMORANDUM
DATE August 6, 1996
TO Denise Harpool, Senior Buyer
FROM Vanetta Verbosh, Laboratory Supervisor
RE Selection of Contractor for BID #1924 -Annual Solid Waste Analytical Testing
This contract is to select a laboratory to perform the analysis of groundwater monitoring
well samples from the City ot Denton Municipal Landfill These samples are required
as part of our TNRCC Municipal Solid Waste Permit Itwlllalso cover analytical testing
of sludge samples in compliance with the EPA and TNRCC discharge permit
requirements which the Denton Mumcipal Laboratory is unable to analyze for at this
time
Bids were received from five testing laboratories, Armstrong, Certes, Anachem, Talem,
and Inchcape All b~d materials were reviewed for cost comparison, EPA Quality
Assurrance reports, Texas Natural Resource Conservation Commission (TNRCC)
inspections, and subcontracts for the analysis we have requested
The lowest bid was by Certes Environmental Laboratory but they have not been in
business over ten years, as requested m our b~d specifications
The second lowest bid was by Inchcape Testing Services They have been in business
over ten years, had good Quality Assurrance results, and were the only lab that would
not be subcontracting out any of the analysis requested
An~nspectlon ofthe Inchcape Testing Services faclhtywfllbe scheduled afterawardmg
the b~d, before samples are submitted
817/383-7509
DATE AUGUST 20, 1996
_ORT
TO Mayor and Members of the City Council
FROM Ted Benavldes, City Manager
SUBJECT BID # 1929 - COOLING TOWER RENOVATION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Midwest Towers
Inc in the amount of $124,839 00 plus a $25,000 00 amount for repairs to the fillings system and
$1,653 00 for an optional fiberglass distribution box Total award is $151,492 00
SUMMARY: This bid is for the repairs to the cooling tower for the Spencer Unit Four turbine as
outlined in the August 8, 1996 memorandum from Jim Thune, Manager, Electric Production Division
The bid award includes a $25,000 00 sum for repairs to the filling system damaged by the hot water
basins fmlure Tbas amount is a fixed cost for unknown repairs that may or may not be required The
needed repairs can only be determined after the tower is disassembled
~ Tabulation Sheet, Memorandum from Jim Thune, Manager, Electric Production
PROGRAMS, DEPARTMENTS OR GROIIPS AFFECTED: Maintenance of Electric
Production facilities
FiSCALiMPACI: Funds for this mtuntenance project are available in the 1995/96 budget account
# 610-101-1011-5130-8339
Respectfully submitted
Ted Benavides
City Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
759 AGENDA
BID # 1929
BID NAME ELECTRIC PRODUCTION MIDWEST MARLEY PSYCHRO- BRANTON MITCHELL
OPEN DATE COOLINGJuLyTOWER25, 1996REPAIRS TOWERSiNc COOLINGTowER METRIC CO 1 TECHNICALsALES
tM~SCRIPTION VENDOR VENDOI~- VENDOR VENI~OR- -~~ VENDOR
RI~PAIR TO UNIT FOUR
i COOLING TOWER
4 CELLS
J I LT DRIFT ELIMINATORS PER VI A $49,878 00 $90,8_96 00~ $58,381 00 $82,145 00 I $66,850 00
4 CELLS
HOT WATER BASINS PER VI B $52,581 00 $95,574 $56,128 00 $83,011 00 _ --$76,060 00
HOT WATER BASIN HOOD 4 CELLS
$78,902 00
PER VI C $22,380 00 $54,303 00 l $69,183_ 00 $49,940 00
4 1 LT OPTIONALDISTRIBUTION FIBERGLASS BOX $1,659 00
/
STATE OF TEXAS §
COUNTY OF DENTON
PROFESSIONAL BERVICES RENEWAL AGREEMENT
BET~'EEN THE CITY OF DENTON
HEALTH INSUI~,NCE AND ACTU~RIAL CONSULTANT
THIS AGREEMENT is made and entered into effective on the 18th day
of July, 1996, by and between the City of Denton, Texas, a
Municipal corporation situated in Denton County, Texas, hereinafter
called "CITY", acting herein by and through its City Manager and A
Foster Higgins & Co., Inc., a Corporation doing business in Texas,
acting by and through its duly authorized officer, hereinafter
called "CONSULTANT"
WHEREAS, on the 18th day of July, 1995, the City of Denton,
Texas and A. Foster Higglns & co , Inc. entered into a "Contract
Agreement Between The City of Denton and Health Insurance and
Actuarial Consultant" (hereinafter the 1995 Contract), and
WHEREAS, the 1995 Contract provided that it was subject to
renewal for two additional twelve month periods upon the mutual
consent of both parties, and subject to negotiation of the terms,
conditions, and costs under certain circumstances, and
WHEREAS, the CITY and the CONSULTANT desire to renew the 1995
Contract upon the terms and provisions set forth herelnbelow.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the CITY and the CONSULTANT do hereby mutually
agree as follows-
I. SERVICES TO BE PERFORMED
City hereby retains CONSULTANT to perform the hereinafter designat-
ed services. CONSULTANT agrees to perform the following services
with diligence, and in accordance with the h~ghest professional
standards customarily obtained for such services in the State of
Texas, to wit:
A. Evaluate and provide recommendations on the overall strategic
goals, objectives, and direction of the employee health and
wellness program. Provide advice, assistance, and recommenda-
tions as related to the national health care reform.
B. Evaluate and provide recommendations on administration of the
current health insurance program. This will include plan
design, type, number, and quality of health care providers,
premium structure, proposed rate adjustments, provider(s) and
contract, etc.
C. Perform on-site review of the City's health plan carrier
operations, including member services, utilization management
and case management, and report findings to the City.
D. Assess the impact on the City's health plan of any changes in
ownership of Denton hospital(s) and provide recommendations to
the City to address any potential issues.
E. Monitor, analyze, and provide recommendations concerning the
City's group health insurance plan, claims levels, and utiliza-
tion data, and suggest strategies to control claims cost and
ensure quality health care delivery
F Review data, information, performance issues, etc and, if
requested by the City, negotiate on behalf of the City w~th
current or prospective vendors new or renewal contract terms,
conditions, premium rates, etc for group health insurance
plan. All negotiations are subject to terms agreeable to the
City.
G. Assist in preparation and submission of required reporting
lnformation, forms, etc. required of the City to various
federal and state government agencies related to the group
health and wellness programs
H. Attend meetings and, if requested, prepare and make presenta-
tions, using professional and appropriate visual aids at
meetings of the City Council, City management, employee
~nsurance committee, employee wellness committee, etc.
I. Conduct on-site meetings with City representatives to review
plan experience and management ~ssues estimated as follows
* Clty Council Meetings 2
* City Management Meetings 3
* Employee Insurance Committee Meetings 6
* Employee Wellness Committee Meetings 2
J. Perform tasks related to the employee group health and wellness
program as are reasonably requested by the City.
CONSULTANT shall exercise the same degree of care, skill, and
diligence in the performance of these services as is ordinarily
provided by persons under similar circumstances CITY agrees that,
with respect to the services and duties CONSULTANT w~ll provide
under this agreement, CONSULTANT does not accept status as a
PAGE 2
fiduciary with respect to any of the plans or programs and that all
recommendations made by CONSULTANT pursuant to this agreement may
be accepted, modified, or rejected by CITY.
II TERMS OF AGREEMENT AND EXTENSION
PROVISIONS
CONSULTANT shall commence rendering servlces lmmedlately upon
receiving notiflcat~on of contract approval and shall continue for
a period of twelve months. This contract is subject to renewal
upon mutual consent of both parties for one addltlonal twelve-month
period, on the same or similar terms, conditions, and costs in
successive years if scope of services do not deviate more than 25%
and cost does not increase more than 25%. The City Manager or his
designee, the Director of Human Resources for the City of Denton,
Texas, shall have the authority to approve and negotiate a renewal
of this contract without City Council approval provided the costs
do not increase more than 25% or increase more than $15,000 over
the previous years costs.
III. COMPENSATION TO BE PAID CONTRACTOR
CITY agrees to pay CONSULTANT for the services performed hereunder
as follows:
A. Amount of Payment for Services:
CITY agrees to pay CONSULTANT, for services hereunder, at a set
monthly fee of $5.00 per participating employee per month with
a monthly minlmum of $3,400.00 and a monthly maximum not to
exceed $5,000.00:
Service Description/Task Estimated Hours
Evaluate/provide recommendations on 15
the overall strategic goals/objectives
directlons of employee health and
wellness program. Provide advice/
recommendations related to national
health reform.
Evaluate/provide recommendations on 20
administration of current health
insurance program
Perform on-s~te review of health plan 20
carrier operations
PAGE 3
Assess impact of Denton hospital 20
ownership changes
Monitor/analyze/provide recommendations 10
for City's group health Insurance plan,
claim levels, and utilization data
Review data, information, performance 35
issues, negotiate with current/prospective
vendors
Assist in preparation/submission of 5
required reportlng information/forms, etc.
Attend meetings, prepare/make presentations 10
On-site meetings with city representatives 40
Perform tasks related to group health 10
wellness program as reasonably requested
by the city
CONSULTANT will charge CITY based on actual time spent and
expenses incurred. In no event will the total project cost
exceed $60,000.00 for CONSULTANT'S fees and expenses unless
CONSULTANT is requested to perform tasks outside the scope
presented in the proposal. If additional assistance is
required from the CONSULTANT, estimates of professional fees
will be provided and presented to CITY management for approval
before proceeding with any additional tasks.
CONSULTANT and CITY expressly understand and agree that
CONSULTANT shall not receive any compensation for the services
provided for herein, from any other source.
B. Dates of Payment: CITY will pay CONSULTANT on a monthly
basis, within thirty (30) days of receipt of invoices for
completion of services provided for herein
IV. SUPERVISION AND CONTROL BY CITY
It ls mutually understood and agreed to, by, and between CITY and
CONSULTANT that CONSULTANT is an independent contractor and shall
not be deemed to be or considered an employee of the CITY of
Denton, Texas for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensa-
tion, or any other CITY employee benefit CITY shall have
supervision and control of CONSULTANT and any employee while on
CITY premises, and it is expressly understood that CONSULTANT shall
PAGE 4
perform the services hereunder at the direction of the Clty Manager
of the city of Denton or his designee under this agreement
V. SOURCE OF FUNDS
Ail payments to CONSULTANT under this Agreement are to be pa~d by
CITY from funds approprlated by the city Council for such purposes
in the Budget of the Clty of Denton.
VI. INSURANCE
CONSULTANT shall provide at lts own cost and expense worker's
compensation insurance, llablllty insurance, and all other
~nsurance necessary to protect CONSULTANT ~n the operation of
CONSULTANT'S business.
VII. INDEMNIFICATION
CONSULTANT shall and does hereby agree to indemnify and hold
harmless the CITY and its offlcers, agents, and employees from and
against any and all damages, l~ablllty, claims, demands, losses and
expenses of any kind whatsoever to the extent proximately caused by
the error, omission, or negligent act of CONSULTANT, its officers,
agents, employees, lnvltees, and all the persons for whom ~t is
legally l~able in the course of the performance of thls Agreement,
and CONSULTANT will, at lts cost and expense, defend and protect
the C~ty of Denton against any and all such claims and demands
The acceptance of CONSULTANT'S services by the CITY shall not
operate as a waiver of such r~ghts of indemnification.
VIII. CANCELLATION
Notwithstanding any other provision of thls Agreement, CITY and
CONSULTANT each reserve the rlght to cancel th~s Agreement at any
time by g~vlng the other party fourteen (14) days' written notice
of its intention to cancel. If the agreement is canceled before
completion, the CITY agrees to compensate CONSULTANT for servlces
provided and expenses ~ncurred prior to notice of cancellation. In
the event of cancellation or upon expiration of this contract,
CONSULTANT shall return to CITY any and all documents or materials,
and all coples made thereof, which CONSULTANT received from, and/or
developed for CITY for the purposes of thls contract except the
PAGE 5
CONSULTANT shall have the right to retain one copy for internal
files.
IX. CONFIDENTIAL RELATIONSHIP
CITY may, from time to t~me, communicate to CONSULTANT certain
information protected by the Texas Open Records Act (e.g., employee
personnel or medical records) to enable CONSULTANT to effectively
perform the services requlred hereunder CONSULTANT shall treat
all lnformatlon supplied as confidential, whether or not so
Identified, and not release same unless consent to do so
received in writing from the City Attorney's Office or the Texas
Attorney General's Office. CONSULTANT shall limit the use and
circulation of such informat~on, even within his own organization,
to the extent necessary to perform the Services.
CONSULTANT shall not disclose any reports, recommendations,
conclusions, or other results of the services performed by
CONSULTANT without the prior written consent of the CITY.
CONSULTANT shall comply with all legal obligations it may now or
hereafter have respecting the information or property of the CITY,
its officers or employees or its independent contractors supplied
CONSULTANT or prepared by CONSULTANT in the performance of this
contract even after the cancellation of this contract
X. SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its successors,
executors, administrators, and assigns to the other party to this
agreement and to the successors, executors, administrators, and
asslgns of such other party, in respect to all covenants of this
agreement. Except as above, neither the CITY nor the CONSULTANT
shall assign, sublet, or transfer its interest in this Agreement
without the written consent of the other. Nothing herein shall be
constituted as creating any personal liability on the part of any
officer or employee of the CITY.
XI. NOTICES
Ail notlces, communications, and reports required or permitted
under thls Agreement shall be personally delivered or ma~led to the
respective parties by depositing same in the United States mall at
the address shown below, certified mall, return receipt requested
PAGE 6
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days of mailing
CITY CONTRACTOR
Clty of Denton, Texas A. Foster Hlgglns & Co. Inc.
Attn: City Manager 1800 Thanksgiving Tower
215 E. McKinney 1601 Elm Street
Denton, TX 76201 Dallas, TX 75201-4742
Either party may change ~ts mailing address by sending notice
of change of address to the other at the above address by certified
mall, return receipt requested. All notices shall be deemed
effective upon receipt by the party to whom such notice ls given or
within three days ma~llng.
XII. ENTIRE AGREEMENT
This Agreement consisting of l0 pages constitutes the complete and
final expresslon of the agreement of the parties and is intended as
a complete and exclusive statement of the terms of their agreements
and supersedes all prior contemporaneous offers, promises,
representations, negotiations, d~scusslons, communications and
agreements which may have been made in connection with the subject
matter hereof.
XIII. SEVERABILITY
If any provision of this Agreement is found or deemed by a court of
competent 3urisdlctlon to be lnvalld or unenforceable, it shall be
consIdered severable from the remainder of this Agreement and shall
not cause the remalnder to be invalid or unenforceable. In such
event, the party shall reform this Agreement to replace such
stricken provision wlth a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provlsion
XIV. COMPLIANCE WITH LAWS
The CONSULTANT shall comply w~th all federal, state, local laws,
rules, regulations, and ordinances applicable to the work covered
hereunder as they may now read or hereafter be amended.
PAGE 7
XV. DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall
not discrlmlnate against any person on the basis of race, color,
rellglon, sex, national origin or ancestry, age, or physical
handicap.
XVI. PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own
expense all personnel required to perform all the services
required under this Agreement Such personnel shall not be
employees or offlcers of, or have any contractual relations
with the city. CONSULTANT shall ~nform the CITY of any
conflict of lnterest or potential conflict of interest that may
arlse during the term of this Agreement
B. All services requlred hereunder w~ll be performed by the
CONSULTANT or under its supervision. All personnel engaged in
work shall be quallfied and shall be authorized and permitted
under state and local laws to perform such services
XVII. MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
wrltlng and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arlslng between the parties
hereto out of or affecting this Agreement, or the r~ghts or
obligations of the parties hereunder, and unless such waiver or
modification ~s in writing, duly executed, and, the parties further
agree that the provisions of this section w~ll not be waived unless
as herein set forth.
XVIII. MISCELLANEOUS
A. Venue of any su~t or cause of action under this Agreement shall
lie exclusively in Denton County, Texas This Agreement shall
be construed in accordance with the laws of the State of Texas.
B CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner; and, ~n accordance w~th the provisions
PAGE 8
hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the CITY.
C. The CITY shall assist the CONSULTANT by placing at the CON-
SULTANT's disposal all available information pertinent to the
project, including previous reports, any other data relative to
the project and arranging for the access to, and make all
provisions for the CONSULTANT to enter in or upon, public and
private property as required for the CONSULTANT to perform
services under this Agreement.
D. The captions of th~s Agreement are for ~nformatlonal purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
XIX DESIGNEE
The Director of Human Resources for the City of Denton, Texas,
shall be the City Manager's designee under th~s contract and is
hereby authorized to carry out the terms of this Agreement on
behalf of the City of Denton, Texas.
IN WITNESS WHEREOF, the C~ty of Denton, Texas has caused this
Agreement to be executed by its duly authorized C~ty Manager and
CONSULTANT has executed this Agreement through,~s duly a~thorlzed
undersigned officer, dated the ~_~day of ~ , 1996,
effective as of the 18th day of July, 1996 ~
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 9
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
A FOSTER HIGGINS & . , ~C.
BY: ~
C \NPDOCS\K\HEALTH INS
PAGE 10
CONTRACT AGREEMENT
STATE OF TEXAS S
COUNTY OF DENTON S
THIS AGREEMENT, made and entered into this 20 day of
AUGUST A.D., 19 96 by and between
THE CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TOM D SHAW
thereunto duly authorized so to do, hereinafter termed "OWNER," and
MIDWEST TOWERS, INC
P 0 BOX 1465
CHICKASHA, OK 73023
of the City of CHICKASHA County of GRADY
and State of OKLAHOMA
, hereinafter
termled "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 oommence and
complete performance of the work specified below:
BID # 1929 COOLING TOWER RENOVATION
in the amount of $151~492 00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance w~th all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), InstructIons to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - I
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ELECTRIC UTILITY STAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the city of
Denton, Texas, for the purposes of income tax, w~thhold~ng, 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 directlon 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, omlsslon or negllgent act
of Contractor, its officers, agents, employees, invltees, 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 agalnst any and all
such clalms and demands.
Choice of Law and Venu~
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
prlce or prices shown in the Proposal, which forms a part of th~s
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.
(,~..~q~,.~/~___. ~ ~~ CITY O~ DENTON
(SEAL)
ATTEST:
MIDWEST TOWERS, INC.
P.O. Box 1465
Chlckasha, OK 73023
~ILING ~DRESS
(405~224-4622
PHONE ~
(405)224-4625
F~ ~
BY V~ce President and Sales Manager
TITLE
Terry G. Ogburn
PRINTED N~E
APPROVED AS TO FORM: (SEAL)
City Attorney /
AAA0184D
Rev. 07/28/94
CA - 3
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 oarriers or brokers
to detsrmme in advance of Bid submission the ava,lability of Insurance certificates and
endorsements as prescnbed and provided herein. If an apparent Iow bidder falls to
comply strmtiy with the insurance requirements, that bidder may be disqualified from
award of the oontract. Upon bid award, all ;nsurance requirements shall become
contractual obligations which the successful bidder shall have a duty to ma;nta;n
throughout the course of thru contract.
STANDARD PROVISIONS:
Without hmltmg any of the other obligations or habllltles 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 m,mmum ~nsurance coverage as
indicated hereinafter
As soon as practicable after not~f, cat~on 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 ,nsurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to b~d
opemng, since the insurance requirements may not be modified or waived after bid
opemng unless a written exception has been submitted with the bid Contractor shall
not commenoe any work or deliver any material until he or she recmves notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance pohmes proposed or obtained m satisfaction of these requirements shall
comply with the follow,ng general specifications, and shall be maintained in
compliance with these general spemflcatlons throughout the duration of the Contract,
or longer, if so noted
a Each pohcy shall be issued by a company authorized to do bus,ness ~n
the State of Texas w~th an A M Best Company rating of at least A
· Any deductibles or self-Insured retentions shall be declared ~n the b~d
proposal If requested by the City, the ~nsurer shall reduce or ehm~nate
such deductibles or self-insured retentions w~th respect to the City, ~ts
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses
· Liability policies shall be endorsed to provide the following
· ® Name as additional insured the City of Denton, Its Officials,
Agents, Employees and volunteers
· · That such Insurance is primary to any other Insurance available to
the additional insured with respect to cia,ms covered under the
policy and that this Insurance applies separately to each insured
against whom claim Is made or suit is brought The Inclus,on of
more than one Insured shall not operate to increase the insurer's
hmlt of Ilablhty.
· All policies shall be endorsed to provide thlrty(30) days prior written
notice of cancellation, non-renewal or reduction in coverage
· Should any of the required Insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years
beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the
contract shall be covered
· Should any of the required ,nsurance 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
hmlts or obtain Owners and Contractors Protective IJablllty Insurance
· Should any required insurance lapse during the contract term, requests
for payments orlglnattng 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 ~s not
reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse
AFFGOB&I
P~'VISHD 10/12/94
Insurance Requ,rements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ;nsurance pohc~es proposed or obta,ned ,n satisfaction of th;s Contract shall
additionally comply w,th the following marked spemflcat, ons, and shall be ms,nra;ned
~n compliance w,th these additional specifications throughout the duration of the
Contract, or longer, ~f so noted
[~ A General Liabihty Insurance.
General Llab;I,ty insurance w,th combined s;ngle I~m~ts of not less than __
:[, 000 ~ 000. O0 shall be provided and maintained by the contractor The pohcy
shall be written on an occurrence barns e~ther m a single pol,cy or ~n a
comb~nat,on of underlying and umbrella or excess pohmes
If the Commercml General L~ab~hty form (ISO Form CG 0001 current
edition) ~s used
· Coverage A shall ~nclude prem,ses, operations, products, and
completed operations, ~ndependent contractors, contractual hab~hty
cover,ng this contract and broad form property damage coverage
· Coverage B shall ~nclude personal ~njury
· Coverage C, medical payments, ~s not requ,red
If the Comprehensive General LJab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least
· Bodily mlury and Property Damage Lmb,l~ty for premises,
operations, products and completed operations, ,ndependent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual hab~hty (preferably by endorsement)
cover;ng th~s contract, personal ~njury hab;hty and broad form
property damage hab,hty
Insurance Requirements
Page 4
Automobtle Liability Insurance:
Contractor shall prov,de Commerc,al Automobde Lmb;I,ty ,nsurance w,th
Comb,ned Single IJm,ts (CSL) of not less than 500,000. O0 e,ther ,ne s,ngie
pohcy or ,n a comb;nat,on of bamc and umbrella or excess pohcms. The pohcy
w~ll ,nclude bod,ly ,njury and property damage I;abd,ty ar,stag out of the
operat,on, ma,ntenance and use of all automobiles and mob,le equ,pment used
,n conJunction w,th th,s contract.
SatJsfact;on of the above requ;rement shall be ,n the form of a
endorsement for'
· any auto, or
· all owned, h,red and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and ma,nta~n Worker's Compensation ,nsursnce
which, ,n add~t, on to meeting the m,mmum statutory requ,rements for ,ssuance
of such ,nsurance, has Employer's Lmbd~ty hm~ts of at least $100,000 for each
acc,dent, $100,000 per each employee, and a $500,000 pohcy hm,t for
occupational d~sease The C~ty need not be named as an "Additional Insured"
but the ,nsurer shall agree to wa,ve all rights of subrogat,on against the C,ty,
,ts off,cmls, agents, employees and volunteers for any work performed for the
C~ty by the Named Insured For budd,ng or construct, on projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 ,n accordance
w~th §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensat,on Comm,ssJon (TWCC)
[ ] Owner's and Contractor's Protecttve Uability Insurance
The Contractor shall obta,n, pay for and ma~nta,n at all t, mes dunng the
prosecut,on of the work under th,s contract, an Owner's and Contractor's
Protective Lmb~hty ~nsurance pohcy nam;ng the C,ty as ~nsured for property
damage and bod,ly ~njury wh;ch may arise ,n the prosecut, on of the work or
contractor's operations under th,s contract Coverage shall be on an
10/12/94
Insurance Requ,remente
Page 5
"occurrence" bas,s, and the pol,cy shall be issued by the same insu~;~nce
company that carries the contractor's hablllty insurance. Pohcy hmlts will be
at Feast combined bodily injury and property damage per
occurrence w~th a aggregate
[ ] Fire Damage Legal Uability Insurance
Coverage ~s required If Broad form General Llab;I,ty is not prowded or ~s
unavailable to the contractor or ,f a contractor leases or rents a portion of a
C~ty building. Limits of not less than each occurrence are required
[ ] Professional Uability Insurance
Professional hab;hty insurance with hmtts not less than per claim
with respect to neghgent acts, errors or omissions in connection with
professional aery;cea ,a required under this Agreement.
[ ] Butlders' Risk Insurance
Builders' Risk Insurance, on an AII-R;sk form for 100% of the completed value
shall be prowded Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as the;r interests may appear
[ ] Additional Insurance
Other insurance may be required on an ~nd,vldual bas~s for extra hazardous
contracts and spec;ftc service agreements If such additional insurance is
required for a spemflc contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
AFFOOBAI
10/12/94
Insurance Requ,rements
Page 6
ATTACHMENT 1
Worker's Compensation Coverage for Building or Construc~on Projeots for
Governmental Entities
A Defln,tlons:
Certificate of coverage ("cert, f, cate")-A copy of a cert~f,cate of ~nsurance,
a certificate of authority to self-lnsurs msued by the commission, or a
coverage agreement (TWCC-81, TVVCC-82, TVVCC-83, or TWCC-84),
show,ng statutory workers' compensation insurance coverage for the
person's or entlty's employees providing services on a project, for the
duration of the project.
Duration of the project - ~ncludes the time from the beg~nmng 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 prowdmg services on the project ("subcontractor" ,n §406 096) -
Includes all persons or entlt~es perform,ng 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 Th~s ~ncludes, without hm,tst~on,
~ndependent contractors, subcontractors, leasing compames, motor
carners, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to prowde services on the project
"Serv,ces" include, without hmltation, providing, hauhng, or dehvenng
equipment or marshals, or providing labor, transportstton, or other service
related to a project. "Services" does not ,nclude actlwtms unrelated to the
project, such as food/beverage vendors, off,ce supply dehvenes, and
dehvery of portable toilets.
B The contractor shall provide coverage, based on proper reporting of
clasmf,catlon codes and payroll amounts and flhng of any overage
agreements, wh,ch meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor providing serwces
on the project, for the duration of the project
REVISI{D 10/12/94
Insurance Requirements
Page 7
C. The Contractor must provide a ce~f, cate 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 dur, ng the dura~on of the project, the contractor must, prior
to the end of the coverage period, file a new cert,f, cate of coverage with
the governmental entity show;ng that coverage has been extended
E The contractor shall obtain from each person providing services on a
project, and prov,de to the governmental ent,ty
(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 show,ng coverage for all persons providing services on the
project, and
{2) no later than seven days after receipt by the contractor, a new
cert,flcate of coverage show,ng 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 certlf,cates of coverage for the
duration of the project and for one year thereafter.
G The contractor shall notify the governmental ent,ty in writing by certified
mall 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 s;tea 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.
Insurance Requirements
Page 8
I. The contractor shall contractually requ,re each person w,th whdm ,t
contracts to provide serv,ces on a project, to.
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and flhng of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401.011 (44)
for all of ,ts employees providing services on the project, for the
duration of the project;
(2) prov,de to the contractor, pr,or to that person beginning work on the
project, · certificate of coverage showing that coverage ,s be,ng
prov,ded for all employees of the person prov,d,ng serv,ces on the
project, for the durat, on of the project;
(3) prov,de the contractor, pr,or to the end of the coverage per, od, a new
certificate of coverage showing extension of coverage, ,f the coverage
per, od shown on the current certificate of coverage ends dunng the
duration of the project;
(4) obtain from each other person w,th whom ,t contracts, and prov,de to
the contractor:
(a) a certificate of coverage, pnor to the other person beg,nn,ng work
on the project; and
(b) a new certificate of coverage showing extens,on of coverage, pr,or
to the end of the coverage penod, ,f the coverage per,od shown on
the current ceraficate of coverage ends dunng the duration of the
project;
(5) reta,n all required certificates of coverage on file for the durat, on of the
project and for one year thereafter,
(6) not,fy the governmental entity ,n wntlng by cart,fled mall or personal
dehvery, within 10 days after the person knew or should have known,
of any change that matenally affects the prov,s,on of coverage of any
person prov,dlng services on the project, and
Insurance Requtrements
Page 9
(7) contractually require each person with whom tt contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage to
be prov,ded to the person for whom they are providing services.
J By slgmng this contract or providing or causing to be prowded a certtflcate
of coverage, the contractor la representing to the governmental entity that
all employees of the contractor who wdl provide services on the project w~ll
be covered by workers' compensation coverage for the duratton of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements wdl be filed
wtth the appropriate insurance carrier or, In the case of a self-~nsured, wKh
the commission's Diwmon of Self-Insurance Regulation Provtdmg false or
m~sleadlng ~nformatlon may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil acttons
K The contractor's fadure to comply with any of these provisions ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void tf the contractor does not remedy the breach
w~th~n ten days after receipt of not~ce of breach from the governmental
enttty
1{~"~2--199~S 10=~3A~t F'~ROM MID'ST TOWERS
10/0X/96 ~ 13 98 F~ 409 643 9464 WAUSAU XNS C0S ~C ~)) MXD~ST ~S ~002
DINT~ ~
~t Lt~Jtl~ p~s & ~ Mr~tm S
~ - ~t~ E~ ~e S1,~
~ ALt ~ ~ ~ ~l~t ~,~
ex) HJ~ ~N
(X) i~
~tm ~ fo MIL~O ~.~t~fr~ ~ ~, ~-,~ the ~t(~ t~ f~ o~ ~ ~ of ~i~ ~e
BID NUMBER 1929 BID PROPOSALS Page 2 of 2
City of Dento~ Texas ~01 B Texas SL
Pum~a~l~ DeparU~ent Denton, Texas 78201
ITEM DE~CRIFTION QUAN PRICE AMOUNT,
3. D=iff~. El~'---'=to=s 9e= ~:. A. i ~=ot: $ 49 f 878. $ 49,8-~
2 Hot Wa~er Bas~-- ~er FI. B. 1Lot $52~581. $52,581
3 Hot Water Basin Ho~ per ~. C. 1 Lot $22f380 $22,38C
TOTALS
We quote the alcove f o D delivered to Denton, Texas Shipment can he made in 18 days from receipt of order Terms net/30
unless othenvlas Indloatad
in submitting the above bid, the vendor agrees th-t aooePtance of any or all hid items by the City of Denton, Texas within a
reasonable period of time constltuss a contraot The oompleted Bid Proposal must be properly priced, signed and returned
P.O. Box 1465 Midwest Towers. Inc.
Chtckash~, OK 73023
(405)224-4622 Terry G O~burn~ Sales Manaqer
10-18-1996 G:O6PM FROM MIDWEST TOWERS 405 224 4625
PERFORMANCE BOND
Boucl Number CB015918
STATE OF TEXAS
COUNTY OF DENTON
KNOW ~T~L MEN BY THESE PRESENTS= That MIDWEST TOWERS. INC , cf ~hs city of CHICKASHA
County of GRADY , and State of OKLAHOMA
as PRINCIPAL, and National American Insurance Company
, as SUNET¥, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the CITY OF DENTON
as OWNER, in the penal sum of ONE HUNDRED FIFTY ONE TNOUSA/~D FOUR HUNDRED
NINETY TWO AND 00/100 ....... Dollars ($ lSI.492 00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these prssents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 20 day of _ AUGUST ,
19 9.6 , for the construction of BID # 1929 - COOLING TOWER RENOVATION
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - i
10-18-1996 6 07PM FROM MIDWEST TOWERS A~5 224 4625
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, Stake of Texas.
Surety, for value received, stipulates and agrees that no
change, exl:ension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings acoompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such ~hange, extension of time, alteration or addition to
the terms of the contract, or to the work 2o be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 29th day of October ·
199~
Midwest Towers, [nc National American Insurance Company
Title
Address= P.O. Box 1465 Address= P 0 Box 6327
Ohl~=~h=. nw 7~9~ Moore, Ok 73153
(SEAL) (SEAL)
13415 Hed~eapple
Dallas, Texas 75243
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 04/05/~6
PS 2
10-18-1996 6 08PM FROM MIDWEST TOWERS 4~B 224 4625 P 9
PAYMENT BOND
Bond Number CB015918
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That MIDWEST TOWERS, INC
of the City of CHICZASHA
County of GP~DY , and ~he State of OKLAHOMA
am principal, and Na=ional American Insurance Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OF DENTON , OWNER, in the penal sum of
NINETY AND 00~0~5
ONE HUNDRED FIFTY ONE THOUSAND FOUR HUNDRED ~o~Iars 1~492 00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, a~ministrators, executors, successors
and assigns, Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 20 day of AUGUST
96
19
BID # 1929 - COOLING TOWER RENOVATION
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to hmm or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
10-18-1996 6 08PM FROM MIDWEST TOWERS &OB 224 4625 P 10
Surety, for value received, stipulates and agrees that no
change, ekwceneion of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plane,
specifications, or drawings accompanying the same, shall in any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be perfUrmed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this inetr~ment this .~9th day of October
1976 .
Midwest Towers, Inc National American Insurance Company
Prin~pal ~ Surety
Title ~ President TitleAt~orney In Fa~ - --
Address: P.O. Box 1465 Address: P 0 Box 6327
Chickasha, OK 73023 Moore, Ok 73153
(SEAL) (SEAL)
13415 Hedgeapple
Dallas, Texas 75243
A~AO184D
Rev. 04/05/96
PB - 4
NATIONAL AMERI'CAN INSURANCE COMPANY POWER OF ATTORNEY
PRINCIPAL Midwest Towers~ Inc EFFECTIVE DATE 10/29/96
P 0 BOX 1465 Chickasba~ Oklahoma 73023
CONTRACTAMOUNT $151t492 AMOUNTOFBOND$ $151,492
FOWERNO CB 015918
KNOW ALL MEN BY THESE PRESENTS That the National American Insurance Company, a ~.orporanon duly orgamzed under the
laws of the State of Nebraska, having ~ts principal office tn the city of Chandler Oklahoma pursuant to the following resolution adopted by
the Board of D~rectors of the smd Company on the 8th day of July 1987, to w~t
'Resolved, that any officer of the Company shall have authority to make execute and deliver a Power of Attorney constituting a~
Attorney-m-Fact such persons, firms, or corporatmns as may be selected from time to ume
Be It Further Resolved that the signature of any officer end the Seal of the Company may be affixed to any such Power of Attorne; or
any certificate relating thereto by facmmde, and any ~uch Power of Attorney or ~.ert[ficate bearing such facmmfle s~gnature or lac~mde seal
shall be vahd and binding upon the Company and any such powers so executed and certified by facmm:le signature and facsimile seal shall bt
vahd and binding upon the Company tn the future wUh respect to any bond or undertaking to whmh ~t is attached ' National Amemcan
lnsurance Company do-s hereby make, constttuteandappolnt LARRY JOHNSONf SANDRA S WALKERt
BRENDA COLLINGS~ OR TOMMY W GREEN State of OKLAHOMA
ItS true and lawful attorney(s)-m-fact with full power and authority hereby conferred m ~ts name place and stead, to mgn execute
acknowledge and deliver in its behalf, and ~ts act and deed, as follows
The obhgauon of the Company shall not exceed one mtlhon ($1,000,000 00) dollars
And to bind National American Insurance Company thereby as folly and to the same extent as ~f such bond or undertaking was signed by
the duly authorized of Clcer of the Natlanal American Insurance Company, and all the acts of sam Attorney(s) pursuant to the authomty
herein given are hereby ratified and confirmed
IN WITNESS WHEREOF, lhe National Ameflcan Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed
NATIONAL AMERICAN INSURANCE COMPANY
STATE OF OKLAHOMA ) SS
COUNTY OF LINCOLN )
On this 8th day of July, A D 1987, before me personally came W firent LaGere, to me known, who being by me duly sworn, did depose
and say, that he resides in the County of Lincoln, State of Oklahoma, that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument, that he knows the seal of said cor-
poration, that the Seal affixed to the said instrument is such corporate seat, that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order
My Commission Expires Aasust 31 1995
STATE OF OKLAHOMA ) SS
COUNTY OF LINCOLN )
I, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporefion, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains In full force
Signed and Sealed at the City of Chandler Dated the 29th day of Octoi:~r ,19 96