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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