1996-182 ORDINANCE NO ~//O -/~'~--
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction ofpubhc works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids are the lowest responsible bids for the construction of the public
works or improvements described in the bid invitation, bid proposals and plans and specifications
therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of pubhc works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid number assigned
hereto, are hereby accepted and approved as being the lowest responsible bids
BID
NUM_BER C~TOR AMOUNT
1926 M D HENRY COMPANY $181,338 00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein
SECTION IV That upon acceptance and approval of the above competit~ve b~ds and the
execution of contracts for the public works and ~mprovements as authorized herein, the C~ty
Council hereby authorizes the expenditure of funds m the manner and ~n the amount as specified
m such approved bids and authorized contracts executed pursuant thereto
SEET2ON~ That th~s ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED th~s tho~ day of~996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE AUGUST 20, 1996
CI~RF-~ORT
TO Mayor and Members of the City Council
FROM Ted Benawdes, City Manager
SUBJECT BID # 1926 - JIM CHRISTAL ELECTRIC SUBSTATION PACKAGE
~ATION. We recommend this bid be awarded to the low bidder meeting
specifications, M D Henry Company, Inc, at the total dollar amount of $181,338 00
SIIMMARY. This bid is for all materials necessary to duplex the Jim Christal Substation
Industrial and residential growth in th~s area of the City has created the need to expand this
substation
The lower b~d of Clark Corporation d~d not meet the bonding and insurance requirements of
the Bid The lower bid ofD~s-Tran, Inc was higher after adding the additional items not included
in their b~d Notices were mailed to thirty-two (32) prospective vendors and bid responses were
received from four (4) vendors
BACKGRO~IL Tabulation sheet, Memorandum from Ray Wells dated August 6, 1996
PROG~MENTSDRGROUPS_AFFECTED. Electric SubstaUon Deparlment,
Electric Utdit~es, and C~tizens who are Electric Utility customers
FiSCALIMPACT~ Budgeted funds for 1996 Electric Substations Account #611-0080-RR87-
CDJC-9217
Respectfully submitted
Ted Benavtdes
City Manager
Prepared by
Name Demse Harpool
Title Senior Buyer
Name Tom D Shaw, C P M
Title Purchasing Agent
1926 age
CITY OF DENTON MUNICIPAL UTILITIES · 901-A TEXAS STREET · DENTON TEXAS 76201
MEMORANDUM
TO. TOM SHAW, PURCHASING MANAGER
FROM Ray D Wells, Supermntendent Electric Substatzons
DATE: August 6, 1996
SUBJ BID EVALUATION NO. 1926 JIM CHRISTAL SUBSTATION PACKAGE
Bzds for the duplex of the Jzm Christal substation were opened
July 25, 1996 We had four vendors respond wzth bmd proposals
The Iow bid meetzng our spec~f~catmons and bmd requzrements is
M D Henry Company, Inc , of Pelham, Alabama The amount
submItted ms $181,338 I request thms be placed on the City
Counczl agenda at your convenzence
Thank you
RDW/]s
"Dedicated to Qua#ty Serwce"
CITY ('i- D~LNTON
LEGAL. DF. PT
STATE OF TEXAS
COUNTY OF DENTON
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 D~TON and State of Texas, acting
through T~D ~RNAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
M. D. HENRY CO., INC.
120 CLARK STREET/P.O. BOX 40
PELHAM, ALABAMA 35124
of the city of DENTON , County of DENTON
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agr%ements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 1926 - JIM CIIRISTAL~?.RCTR~C SUBSTATION PACEA~
in the amount of $181,338.00 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 with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
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
the Clt¥ of Denton Electrlc Enqlneer~nq Dlvls*on
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Indenendent Status
It is mutually understood and agreed by and between City and
Contractor that Contractor is an Independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
Clty of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the city of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the city of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Speclal Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
(sm)
ATTEST:
~ ~'%~ ~ z~z. M. D. HENRY COMPANY, INC.
~ ~ CONTRACTOR
P 0 Box 40
121 Clark Street
Pelham, AL 35124
MAILING ADDRESS
(205) 663-6711
PHONE NUMBER
(205~ 663-6718
~T~E 'Pres±den~--~~''~
Parr±ok A Henry
~RI~TED
APPROVED AS TO FORM: (SEAL)
City Attorney /
AAA0184D
Rev. 07/28/94
CA - 3
PERi O BOND
STATE OF TEXAS ~ BOND NO. 09-0120-49542-96-5
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS: That M. D. m~my COMPANY, ~NC.
, of the city of
County of S~EL~Y , and State of
as PRINCIPAL, and FIDELITY AND GUARANTY INSURANCE COMPANY
of BALTIMORE, MARYLAND
, as SURETY, 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 EIGHTY-ONE THOUSAND TaKEE
HUNDRED THIRTY-EIGHT and 00/100 Dollars ($ 181f338.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 20 day of AUGUST ,
19 96 , for the construction of BID # 1926 - JIM CHRISTAL RT.RC~rK~C
SUBSTATION PACKAGE
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 oft his 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, thenthis
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, thatthis 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 withsaid provisions to the same extent as
if they were copied at length herein.
PB - i
PROVIDED FURTHER, that if any legal action be filled upon this
bond, venue shall lie in Denton County, State of Texas.
Surety, for value reoeived, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
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 performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 20TH day of AUGUST ,
19 96..
M. D. H~NRY COMPANY, INC. FIDELITY AND GUARANTY INSURANCE CC~ANY
/~rincipal Surety
Title. PRESIDENT ~--~ Title Attorney-in-Fact
Address: P.O. BOX 40 Address: P. O. BOX 530350
PELHAM, AL 35124 mI~INC~AM: Al. ~5253 __
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety
PCL CONTRAC~f BONDING AGenCY
206 EI/% SUITE 105, LEWISVILLE, TX 75057
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
576997
FIDELITY AND GUARANTY INSURANCE COMPANY
PowER oF ATTOm, Y U F+G
NO. ?o~o~
KNOW ALL ~ BY THESE pRESENTS That FIDELITY AND GUARANTY IN$URANCE COMPANY, a corporation orgnmzed ~nd e~o~ng under
the laws of the State of Iowa and having its pnm:lpnl ot~c~ at tho City of Bnltmlom, tn the Sta~ of Maryland does bemby constitute and appolat
H. Carlton Rusb_~n, Thcmas A. Roberts and Patsy Parr~sh
oftbe C,ly of B~-'rcd.ngham sta~ of AlabslTta ~te tree and lawful Atlomey(s)-m-Fact, each tn their separate
cnpac~ty ~f more than one ~s ~mmed above, to sign ds nmne ns ~uvely to, and to execute, seal and ~cknowleds~ any and all trend& undertalnn~s, ¢ontract~ and other
wntton mstmmente m the natu~ thereof on beh~df of the Company In tts business of gna~anteemg the fidelity of persons 8uatmntee~ng the performanc~ of contracts
and executing or 8U~.l~t~lng bends ~nd undeflalongs required or per~mt~d tn any ncttons or proceedings allowed by law
In Witness Wlle~of, tha said FIDELITY AND GUARANTY INSURANCE COMPANY ha~ caused thts matmment to be sealed w~th tts ¢oq~ova~ seal duly
attestedbytheslgnaturesofltssemorVw, ePre~dentandAsssstentSe~tetav/,thns ~0t-h-dayof Apr3.1 AD 1993
FIDELITY AND GUARANTY INSURANCE COMPANY
(Signed) By .....
Senior ¥~ce prestdeat
(S~gned) By -
STATE OF MARYLAND)
SS
BALTIMORE CITY )
Ont~us 30t...x%dayof ADr~.'I ,AD 19 93,befommep~moanllycame Robert 3 Lamendola
SemorV~ce President oftha FIDELITY AND G and ]~u]. D S~.IR$ A&s~st~nt
Secretav/ofsa~d Company, vath both ofwbem I am b~ngI:,y me severally du]~, sv{o~n, smd, that they the smd Ro~er t J
Lalg. ertdo la and Pau.1 ~% wev: reep~.-tl~iy the Semor ¥1ce P~estdeat and the As~sataat Secretary of
the sa~d ~ desert%ed tn executed the foregoing Power of Artomny, that they each
knew the ~eal of smd cotporatmn, that ~t was so nffixed by order oftbe Board of Du~ctors of
sa~d coq~orat~on, and that thay s~ped thmr names thereto b ~d Assistant Set.tm'/ respocUvely, of the Company
MyCommtsslonexptt~stbe ].].th day AD 1995
NOTARY PUBLIC
Th~* Power of A~omey ~ granted under ~n~thongt of the following Re~otol~o~ ~opted hy t~ Boanl of l~r~to~ oftbe FIDELrF~ AND
GUARAN'T~ ~NSURANC~ COMPANY on September 24, 1992
RESOLVED that m oonnmtton wrth the fidehig' and ma~y insurance b~mess of the Company all bonds, undertakangs, coat,acts mad other instruments
relating to s~ud busmesa may be signed executed and nchaowledged by persons or entities appointed as At~ornny(s) m-Fact pumuant to a Power of A~orney is~ued in
accordance with these r~so[utlom SeM Powe~s) of Altomny for and on behalfof the Company may and shall be exoccted m the name and on behalf of the CpmponY
either by the Cha~mmn, or the President or an Executwe VIce Presldun~, or a Senior Vice President, or a Vice President or an Assistant Wee President, jointly wrth the
SecretalyorauA~islantSecmtaty, anderthatr~spect~vodeslgnal~olls Thes~gnatufeofsuehofiSeersmaybeengraved, pnntnd°rbth°Sraphed Tbes*gnatureofeach
of the foregoing oflicel~ and the seal of the Company may be mildlY, ed by f~c$1nmle to any Power of Attorney or to any cortdica~ relating thoreto appointing
ARorney(s)-m Fact for po~oses only of executing and aeestlng bonds and undet~telongs and other w~tmgs obhgato~/~n the natu~ tbe~eof and, unless subsequently
revoked and subject to any hml~ons ~et forth therein, any such Power of At~)mey or certificate beanng such facsmule signature or th~smule seal shall be vabd and
bma,ng upon the Company and any such power so oz.~uted mad eemfied by ~uch f~¢strmte signature and f~smule ~al shai[ be vahd a~d binding upon the Company
vath respect to any bond or unde~alang to wh,¢b it is vahdly al~aehad
RJESOLVED, that A~omo¥(s)-in Fncl shall have thc power and authonty, unless subsequently revoked and, tn any ca~e subject to the temm and hn~ta~ons
of the Power of Artomey is~ued to them, to execute and duhver on behalf of thc Company and to artnch the seal oftbe Company to any and all bonds and undertalon~
and other writings obh~atot~ in the namtv thereof, and any such matmment execu~d by such Attornny(s)-~n Fact shall be as binding upon the Company a~ if s~gnnd by
~n Executive Officer and sealed and nitrated to by the Se,:reta~, oftbe Company
L Paul D Sims , an As~t Seeretety of the FIDELITY AND GUARANTY rNSURANCE COMPANY do
hereby eemfy that the fot~goms~satmeexeer~t fmmtheResolutmnofthosa~dcompany~ndoptedby~tsBomrdofDl~ectorsonseptember24 1992 andthatth~s
Resolutmn ~s m full for~ and eff~t.
I the unde~Igned Asms~at Se~t~, of thc FIDELITY AND GUARANTY INSURANCE COMPANY do hereby eemfy that tbe fot~sm ng power of
day of .~x~jT~y Wbev~of, ! bevl~ h~%n~ set my h~d and the .al INSURANCE COMPANY on th~S 2 0TH
FS 83 (10-92) (HO) (~ Ass~at~t S~mterj
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That M. D. HENRY COMPANY, INC.
of the City of PRT.~AM
County of SH~:' 'RY
, and the State of ,
as principal, and FIDELITY AND GUARANTY INSURANCE COMPANY of BALTIMORE, MARYLAND
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
TU~ CITY OF DENTON , OWNER, in the penal sum of
oo/loo
for the payment whereof, the said Princzpal and Surety bznd
themselves and their heirs, administrators, 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 ao day of AUGUST
19 96 .
BID % 1926 - JIM CHRISTAL ~.Ru-,'~[C SUBSTATION PACKAGE
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 him 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
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
sgecifications, 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 performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 20TH day of AUGUST
19 96
M. D. H~RY COMPANY, INC. FIDELITY AND GUARANTY INSURANCE COMPANY
Pri/~lpal Surety
~ATRICK A. HENRY ~ PATSY ~RRISH
Title PRESIDENT Title Attorney-in-Fact
Address: P.o. BOX 40 Address: P, O, BOX 530350
PELHAMt AL 35124 BIRMINGHAM, AL 35253
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
PCL CONTRACT BONDING AGenCY
206 EIR, SUITE 105, LEWISVILL~., TX 75057
AAA0184D
Rev. 07/28/94
PB - 4
576998
SUaA C COMa'A
PO~R OF ATTO~Y ~ ~ ~ F+~
~d~tbes,~sofm~n,orV~P~tdeut~dA.,~,th~ 30~yof A~ AD 1993
By
~t~s 30~Yof AD~] ,AD 1~ Q3,~fo~mepe~y~n~ Rob~ J Lamendola
~mor Vt~ P~s~dent ofth~ FIDE~ AN[ CO~A~ ~dt ~ Paul D S ~ A~xs~nt
the~d Rober~ J
Lamendola ~ Paul
~ew the ~ of ~d ~o~son w~ tach co~ s~ t~ st w~ ~ ~ by o~er of the ~a~ of Da~c~
OUA~ ~S~NCB COMPA~ on S~tem~r 19~
~ Te~ ~mof I ~w h,munro ~ my ~d ~d ~ ~ oft~Eb~A~ ~U~ ~SU~NCE CO~A~ on ~s 2 0~
d. of AU~ ,19 96.
ANCE
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW A?.?. MEN BY THESE PRESENTS: That M. D. HENRY COMPANY, INC.
as Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of EIG~R-~ ~wn~_~aNn ONE HUNnRR~ T~IRT~-','H.~ and 80/100.
Dollars ($~ 18,133.80 .), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, Jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said H.D. HKN~y (.~OMP/%I~Y, 1~C.
has this day entered into a written contract with the said City
of Denton to build and construct BID % 1926 - JIM CHRISTAL RT.~"rKIC
SUBSTATION PACKAG~
which contract andthe plans and specifications therein mentioned,
ad,ted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, underthe said plans, specifications, and contract,
it is provided t-hat the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction ofthe improvements contemplated bysaid contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to =over all defective conditions arising by reason of defective
materials, work, or labor performed bysaid Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said M.D. HENRY COMPANYr INC.
as Contractor and Principal, has caused these presents to be
executed by PATRICK A. HENRY
and the said FIDELITY AND~JARANTYINSURANCEC0MPANY
as surety, has caused these presents to be executed by its
Attorney-in-Fact PATSY PARRISH
and the said Attorney-in-Fact has hereunto set his hand this20TH
day of AUfTJST 1996
SURETY: PRINCIPAL:
FIDELITY AND ~JARANTY INSURANCE COMPANY M.D. HENRY COMPANY, INC.
PATSY P~RRISH PATRICK A. HS~RY ~
PRESIDENT
Attorney-in-Fact
AAAO184D
Rev. 07/28/94
MB - 2
576987
FIDELITY AND GUARANTY INSURANCE COMPANY
POWER OF ATTORNEY ~ U S
NO 7o~fl ~
In W~t ne~ ~omof, tho ~ld FIDEL~ AND ~ ~S~NCE COMPA~ h~ ~d this ~m~at to ~ ~od ~th I~ ~o~o~ ~ ~ly
~EL~ ~D GU~ ~SU~CE CO~A~
(S~d) By
STA~ OF ~R~ND) % ~ ~
Lamendola ~d Paul described m and ~h g~cu~d the foregoing power of A~omey t~ th~ e~h
~d co~o~on and ~ t~y st~*d ~r n~s ~o b ~mor Vice Pm~ ~d Assl~ S~m~ ~vcly of ~e Co~y
MyCo~son~s~e llth d~ A~D 1995
09/06/96 08:29 '~205 663 0718 M,D He]~*~' Co 1~002
P,O. BOX 10~ ~ ~ ......... YO~w
BI~INOII~, AL ~O~-02.b
AL
~GE~I~ INDE~I~ I~ ;~
I
_ ~a~T ~ S 1000000
x i~ ~ -- _
Taxa8
C~_TV ~F DENTON F~I:~ HO = 181758;~7302 99-12-96 12~34P P e2
~o~ 00/_1/9_ Le,~O ~208 603 6118
ZQ~-Z~Z-ga7 1 A ~T~R~ INDE~!W
M D Ngn~y C~I~V Iflo B
P 0 B~X 40
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~;~~ ~,~ , ....
0~.~.., T.... ~.~nl ~.~l~ I/'"~ ) r O0~OOO 027
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates and
endorsements aa prescribed and provided herein If an apparent Iow bidder fails to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract Upon b~d award, all insurance reqmrements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract
STANDARD PROVISIONS:
Without hm~tmg any of the other obhgat~ons or hab~ht~es 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 mlmmum ~nsurance coverage as
indicated hereinafter
As soon as practicable after notification of b~d award, Contractor shall file w~th the
Purchasing Department satisfactory certificates of ~nsurance, containing the b~d
number and title of the project Contractor may, upon wntten request to the
Purchasing Department, ask for clarification of any ~nsurance requirements at any
time, however, Contractors are strongly adwsed to make such requests prior to b~d
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted w~th the bid Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All ~nsurance pohc~es proposed or obtained ~n sat~sfactmn of these requirements shall
comply with the following general spec~hcat~ons, and shall be maintained ~n
comphance with these general specifications throughout the duration of the Contract,
or longer, if so noted
· Each pohcy shall be issued by a company authorized to do business ~n the
State of Texas w~th an A M Best Company rating of at least .~
· Any deductibles or self-insured retentions shall be declared ~n the b~d
proposal If requested by the C~ty, the ~nsurer shall reduce or ehm~nate
such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts
AAA00350
REVISED 10/12/94 Gl - I
Insurance Requirements
Page 2
offlc,als, agents, employees and volunteers; or, the contractor shall procure
a bond guarantemng payment of losses and related ~nvest~gat~ons, claim
admimstratlon and defense expenses
· L,ab,hty pohc~es shall be endorsed to prov,de the following
®® Name as additional ~nsured the C~ty of Denton. ~ts Officials. Agents.
Employees and volunteers.
· · That such insurance ,s pr,mary to any other ~nsurance ava,lable to the
add~t,onal ,nsured w,th respect to claims covered under the pol,cy and
that th,s ,nsurance apphes separately to each ~nsured against whom
cla,m ,s made or su,t ,s brought The ~nclus~on of more than one
insured shall not operate to ,ncrease the ~nsurer's hm~t of hab~hty
· All pohc~es shall be endorsed to prov,de thirty(30) days pnor wntten not~ce
of cancellat,on, non-renewal or reduction in coverage
· Should any of the required ,nsurance be prowded under a cia,ms-made
form, Contractor shall maintain such coverage continuously throughout the
term of th,s contract and, w~thout lapse, for a period of three years beyond
the contract expiration, such that occurrences ans,ng dunng the contract
term which g~ve ns· to claims made after exp~rat,on of the contract shall
be covered
· Should any of the required ~nsurance be prowded under a form of coverage
that ,ncludes a general annual aggregate hm~t prowd~ng for clmms
~nvest,gat,on or legal defense costs to be ,ncluded ~n the general annual
aggregate hm~t, the contractor shall e,ther double the occurrence hm,ts or
obtain Owners and Contractors Protect,ye L,ab~hty Insurance
· Should any required ~nsurance lapse dunng the contract term, requests for
payments originating after such lapse shall not be processed unt,i the C,ty
receives satisfactory ewdence of reinstated coverage as required by th~s
contract, effective as of the lapse date If insurance ,s not reinstated. C~ty
may, at ~ts sole option, terminate th~s agreement effective on the date of
the lapse.
AAA00350
REVISED 10/12/94 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply w~th the following marked spemf,cations, and shall be malnta,ned
in compliance with these additional spec,flcations throughout the duration of the
Contract, or longer, ~f so noted'
Ix] A General Liability Insurance:
General L~ab~hty insurance with combined s~ngle hm~ts of not less than
~lfooofooo shall be prowded and mainta~ned by the contractor The pohcy
shall be written on an occurrence bas~s either ~n a single policy or m a
combination of underlying and umbrella or excess pohc;es
If the Commercial General L~ab~hty form (ISO Form CG 0001 current
edition) ~s used'
· Coverage A shall ~nclude premises, operations, products, and
completed operations, independent contractors, contractual habdlty
covering this contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Llab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, it shall ~nclude at least
· Bodily injury and Property Damage L~ab~hty for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
· Broad form contractual habd~ty (preferably by endorsement)
covenng this contract, personal injury hab~hty and broad form
property damage hab~hty
AAAO0360
REVISED 10112/94 Cl - 3
Insurance Requirements
Page 4
Ix] Automobile Liab,l,ty Insurance:
Contractor shall prowde Commercial Automobde Llabd~ty insurance with
Combined Single Limits {CSL) of not less than sl.ooo.ooo either in a single
policy or in a combination of basic and umbrella or excess pohc~es The policy
will include boddy injury and property damage hablhty arising out of the
operation, maintenance and use of all automobiles and mobde equipment used
in conjunction w~th this contract
Satisfaction of the above requirement shall be m the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the m~mmum statutory requirements for ~ssuance
of such insurance, has Employer's Llablhty I~m~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 pohcy hm~t for
occupational disease The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all nghts of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For budding or construction projects, the
Contractor shall comply with the prowslons of Attachment I in accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commiss~on (TWCC)
[ ] Owner's and Contractor's Protective Lmbility Insurance
The Contractor shall obtain, pay for and maintain at all t~mes dunng the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Llabd~ty insurance pohcy naming the City as insured for property
damage and boddy ~njury which may anse ~n the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00350
REVISED 10112/94 Cl - 4
Insurance Requirements
Page 5
"occurrence" bas~s, and the policy shall be issued by the same insurance
company that carr,es the contractor's I,ablhty insurance Policy hm~ts w~ll be
at least comb,ned bodily injury and property damage per
occurrence w~th a aggregate.
[ ] F,re Damage Legal Liab~l,ty Insurance
Coverage is required ~f Broad form General Liab~hty ~s not provided or ~s
unava;lable to the contractor or ~f a contractor leases or rents a port~on of a
City building L~mlts of not less than each occurrence are required
[ ] Professional L,ab,hty Insurance
Professional hab~hty ~nsurance w,th hm~ts not less than per claim
with respect to neghgent acts, errors or omissions in connection w~th
professional serwces is required under th~s Agreement
Ix] Builders' R,sk Insurance
Budders' R~sk Insurance, on an AlI-R~sk form for 1OO% of the completed value
shall be prowded Such pohcy shall ~nclude as "Named Insured" the C~ty of
Denton and all subcontractors as their ~nterests may appear
[ ] Addit,onal Insurance
Other ~nsurance may be required on an ~nd~vldual bas~s for extra hazardous
contracts and specific service agreements If such additional ~nsurance ~s
required for a specific contract, that requirement wdl be descnbed m the
"Specific Conditions" of the contract spec~flcat;ons
AAA00350
.EraSED ~0~4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
[ ] Worker's Compensation Coverage for Building or Constructzon Projects for
Governmental Entities
A. Deflmtlons.
Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance,
a certificate of authority to self-insure ;ssued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or ent~ty's employees providing services on a project, for the
duration of the project
Duration of the project - includes the time from the begmmng of the work
on the project untd the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing serwces on the project ("subcontractor" ~n §406 096) -
~ncludes all persons or ent~t~es performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted d~rectly w~th the contractor and regardless of
whether that person has employees Th~s ~ncludes, w~thout limitation,
~ndependent contractors, subcontractors, leasing compames, motor
carriers, owner-operators, employees of any such ent;ty, or employees of
any entity which furmshes persons to prowde serwces on the project
"Serwces" include, without hmltat~on, prowdmg, hauhng, or dehvenng
equipment or materials, or providing labor, transportation, or other service
related to a project "Services" does not ~nclude act;wries unrelated to the
project, such as food/beverage vendors, office supply dehvenes, and
dehvery of portable toilets
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor prowdmg serwces
on the project, for the duration of the project
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C. The Contractor must prov,de a cert,flcate of coverage to the governmental
entity pr,or to be,ng awarded the contract
D. If the coverage per,od shown on the contractor's current cert,flcate of
coverage ends dunng the duration of the project, the contractor must. pnor
to the end of the coverage per,od, file a new cert,flcate of coverage w~th
the governmental entity show, ng that coverage has been extended
E. The contractor shall obta,n from each person prov,d~ng serwces on a
project, and prov,de to the governmental entity
(1) a certificate of coverage, pnor to that person beg,nmng work on the
project, so the governmental ent,ty will have on file cert~flca~tes of
coverage showing coverage for all persons prowdmg 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
penod shown on the current cert,flcate of coverage ends dunng the
duration of the project
F. The contractor shall retain all required cert,flcates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity ,n wnt~ng by certified
mad or personal dehvery, w~thm 10 days after the contractor knew or
should have known, of any change that matenally affects the prows,on of
coverage of any person prowdmg services on the project
H The contractor shall post on each project s~te a not~ce. ~n the text, form and
manner prescribed by the Texas Workers' Compensation Commission.
,nformmg all persons prov,d~ng serwces on the project that they are
requ,red to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00350
REVISED 10/12/94 Gl - 7
Insurance Requirements
Page 8
The contractor shall contractually require each person with whom ~t
contracts to provide services on a project, to
(1) prowde coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011 (44) for all of its employees providing services on the project,
for the duration of the project,
(2) prowde to the contractor, prior to that person beg~nmng work on the
project, a certificate of coverage showing that coverage ~s being
provided for all employees of the person prowd~ng services on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage per~od, a new
certificate of coverage showing extension of coverage, if the coverage
per~od shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person w~th whom ~t contracts, and prowde to
the contractor
(a) a certificate of coverage, prior to the other person beg~nmng
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, ~f the coverage per~od
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by certified ma~l or personal
delivery, w~th~n 10 days after the person knew or should have known,
of any change that materially affects the prowslon of coverage of any
person prowdmg services on the project, and
AAA00350
.EV~ED ~o/~2/~ CI - 8
Insurance Requirements
Page 9
(7) contractually require each person w~th whom ~t contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will prowde services on the project wdl
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements wdl be filed
w~th the appropnate insurance carrier or, ~n the case of a self-~nsured, with
the commission's Diwslon of Self-Insurance Regulation Providing false or
misleading ~nformatlon may subject the contractor to administrative
penalties, criminal penalties, CIVIl penalties, or other civil actions 4
K. The contractor's failure to comply w~th any of these prowsions ~s a breach
of contract by the contractor which ent~tles the governmental entity to
declare the contract void ~f the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity
AAA003Ii0
REVISED 10112/94 Cl - 9
PROPOSAL FOR ELECTRIC SUBSTATION PACKAGE
City of Denton, Electnc Ubhty Department, 901 B Texas Street, Denton, Texas 76201
ATTENTION Mr Tom Shaw, Purchamng Agent
PROPOSAL FOR Electnc Substation Package
BID NUMBER # ].926
GENTLEMEN
The undersigned b~dder hawng read and examined these spec~ficatmns and associated
contract documents for the above demgnated equipment does hereby propose to
furm~h the equipment and provide the servme set forth ~n th~s Proposal All pnces
stated hereto are firm and shall not be subject to escalation prowded thru Proposal m
accepted w~th~n mxty (60) days
The undersigned hereby declared that the following hst states any and all vanat~ons
from, and exceptions to, the requirements of the contract documents and that,
otherwme, ~t m the intent of thru Proposal that the work be performed ~n strict
accordance ~th the contract documents
The undersigned b~dder hereby proposes to fummh a complete electric substation
package FOB, Denton, Texas, ~n accordance w~th these speclficet~ons and assocmted
contract documents hsted ~n GENERAL CONDITIONS, Artmle GC-1, for the firm lump
sum pnce of
One M,_,~dred Eighty-one Thousand Three Hundred Thircv-eimht Dollars
(Price ~n Words)
The undermgned hereby declares that only the persons or firms ~nterested ~n the
Proposal as pnnclpal or principals are named hereto, and that no other persons or firms
that heroin mentioned have any interest in thts Proposal or ;n the Contract Agreement
to be entered into, that this Proposal ~s made without connection with any other person,
company, or parties likewise submitting a btd or proposal, and that ;t is in all respects
for and in good faith, without collusion or fraud If this Proposal is accepted, the
undersigned bidder agrees to submit drawings and englneenng data m accordance
w~th Section lC and to complete dehvery of equipment and matenals ~n accordance
w~th the sh;pp;ng schedule spec;fled The undersigned fully understands that the t~me
of drawings and data subm;ttal and equ;pment and materials delivery ~s of the essence
Dated at Pelham, aI~ this 24th day of July ,1996
By ~ Patrick A. Henry yj
Bus~ness Address of Bidder P. o sox 4o
p~l hnm. AT,
State of Incorporation A1
Address of Pnnc~pal Office ~;zo Clark street