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1999-138AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDiNG A PUBLIC WORKS CONTRACT FOR COOLING TOWER REPAIR AT THE DENTON MUNICIPAL GENERATING STATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2351 - COOLING TOWER REPAIR, DENTON MLrNICIPAL GENERATING STATION AWARDED TO MIDWEST TOWERS, INC IN THE AMOUNT OF $145,210) WHEREAS, the C~ty has sohctted, recetved and tabulated compettt~ve bids for the purchase of necessary materials, equipment, supphes or services m accordance with the procedures of STATE law and Ctty ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids ere the lowest responsible bids for the materials, eqmpment, supplies or servmes as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Coancfl has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supphes or sermces approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items m the following numbered bids for materials, equipment, supplies, or serrates, shown in the "Bid Proposals" atteched hereto, are hereby accepted and approved as being the lowest responsible bids for such 1terns BID ITEM NUMBER NO VENDOR AMOUNT 2351 ALL Midwest Towers, Inc $145,210 SECTION II That by the acceptance and approval of the above numbered Items of the submitted bids, the City accepts the offer of the persons subml~ng the bids for such items and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, specifications, standards, quantmes and for tho specified sums contained m the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submitting approved and accepted Items and of the submttted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his designated representative is hereby authorized to execute the written contract whmh shall be attached hereto, provided that the written contract ts in accordance with the terms, cond~taons, spemficat~ons, standards, quant~ttes and specified sums contaared In the B~d Proposal and related documents hereto approved and accepted SI~CTION IV That by the acceptance and approval of the above numbered Items of the subuntted bids, the C~ty Council hereby anthonzes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized heretn SECTION V That this ordinance shall become effective immediately upon its passage and approval P ASSEDANDAPPROVEDth~85~)9'~ day of {~~ ,1999 JA~I'ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ATTACHMENT 1 TABULATION SHEET Bid # 2351 Date 3/Z5/_99 Cooling Tower Repair, uenton IVlUnlCl )al ~eneraun~j o~auuf~ No. I Qty. I D :i~GRiPTiON VENDOR VENDOR VENDOR VENDOR , ~, I ' '", ~'~ ',; CEA Integrated ' ' ~ ~ , ~ ~I ~" ~ 1 't, , ~M~dwest Psycrometnc Star Coohng TowersCoohng ~, , , '" I!{!; !'~i!,,li%.l!!i!;,~/', Towers, Inc Systems, Inc Technologies, Inc 1 1 ea CoollngTowerRepalr $145,210 00 $149,137 00 $194,682 00 $152,968 00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 20 day of APRIL A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W JEZ, C~ty Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and MIDWEST TOWERS, INC. P 0 BOX 1465 CHICKASAW,OK 73023 of the City of CHICKASAW County of GRADY and State of OKLAHOMA, hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2351- COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION in the amount of $145,210 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 accordance w~th the plans, whzch includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ELECTRIC ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an independent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdlng, social security taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty employee benefit Ctty shall not have superwslon and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces hereunder according to the attached specifications at the general d~rect~on of the C~ty Manager of the C~ty of Denton, Texas, or fus designee under th~s agreement Indemmt~icatmn Contractor shall and does hereby agree to mdemmfy and hold harmless the City of Denton from any and all damages, loss, or habfl~ty of any kmd whatsoever, by reason of injury to property or third persons occasioned by any error, omission or neghgent act of Contractor, ~ts officers, agents, employees, ~nwtees, and other persons for whom ~t ~s legally hable, with regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense, defend and protect the City of Denton against any and all such claxms and demands Choice of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth m written not,ce to commence work and complete all work w~thm the tune stated an the Proposal, subJeCt to such extensions of time as are prowded by the General and Special Condmons The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown ~n the Proposal, which forms a part of this contract, such payments to be subject to the General and Special CondlUons of the Contract CA - 2 IN WITNESS WHEREOF, the partles of these presents have executed tMs agreement ~n the year and day first above written ~,~,~/ ATTEST  ,~ OWNER / (SEAL) _ CONTRACTOR P.O. Box 1465 Highway 19 East Ch~ckasha OK 73023 MAILING ADDRESS (405) 224-4622 PHONE NUMBER (405) 224-4625 BY dvt3'v% ~{~ _._ Presxdent TITLEJ/~ Larry J. ~3rown APPROVED AS TO FORM PRINTED NAME CITY ATTORNEY / CA - 3 BOND NUMBER 1650-10-133900 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That MIDWEST TOWERS, INC., whose address is PO BOX 1465, CHICKASAW, OK 73023, hereinafter called Principal, and Employers Insurance of Wausau~ A Mutual Company , a corporation orgamzed and exxstmg under the laws of the State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcxpal corporaUon organized and erasung under the laws of the State of Texas, hereinafter called Owner, m the penal sum of ONE HUNDRED FORTY FIVE THOUSAND AND TWO HUNDRED TEN and no/100 DOLLARS ($14~,210) plus ten percent of the stated penal sum as an additional sum of money representing addmonal court expenses, attorneys' fees, and hqu~dated damages arising out of or connected with the below ~dent~fied Contract, m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of wlnch sum well and truly to be made, we hereby brad ourselves, our he~rs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatmally be increased by the amount of any Change Order or Supplemental Agreement wfuch increases the Contract price, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of th~s Bond THE OBLIGATION TO PAY SAME xs conditioned as follows Whereas, the Principal entered into a certam Contract, ~dent~fied by Ordinance Number 99-138, w~th the C~ty of Denton, the Owner, dated the 20 day of APRIL A.D. 1999, a copy of winch m hereto attached and made a part hereof, for BID # 2351-COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION. NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform and fulfdl all of the undertakings, covenants, terms, eund~t~ons and agreements of said Contract in accordance w~th the Plans, Spec~ficat~ous and Contract Documents during the original term thereof and any extensmn thereof winch may be granted by the Owner, w~th or w~thout notme to the Surety, and during the hfe of any guaranty or warranty reqmred under tins Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, cund~txous and agreements of any and all duly authorized modxficatxous of smd Contract that may hereafter be made, nottce of winch mothficattons to the Surety being hereby waived, and, ~f the Principal shall repatr and/or replace all defects due to faulty materials and workm.nalnp that appear w~thm a period of one (1) year from the date of f~nal completion and final acceptance of the Work by the Owner, and, ff the Prmc~pal shall fully mdammfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of fatlure to so perform hereto and shall fully reumburse and repay Owner all outlay and expense whmh the Owner may recur m malang good any default or defiemncy, then tins obhgat~on shall be vmd, otherwise, it shall remain m full force and effect PB - I PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texns AND PROVIDED FURTHER, that the smd Surety, for value recelved, hereby supulates and agrees that no change, extension of tune, alteration or addluon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specificauons, Drawings, etc, aceompanymg the same, shall m anywlse affect its obhgation on tim Bond, a/id it does hereby wave notice of any such change, extenswn of tune, alteration or adchtion to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficauons, Drawings, etc Tlus Bond is g~ven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any reqmslte notices may be dehve~red and on whom servme of process may be had m matters ansmg out of such suretyslup, Amcle 7 19-1 of the Insurance Code, Vernon s Annotated Civil Statutes of the State of IN WITNESS WHEREOF, th~s instrument ts executed m 4 cop~es, each one of'whmh shall be deemed an original, tlus the 20 day of APRIL 1999. ATTEST PRINCIPAL .-- ~ M~dwest Towers~ Inr~q .~ .~. PRESIDE~f~! '~ '" ATTEST SURETY , ~ BY~ ~ /~ ~- Employers Insurance of WausaQ, A.~t~al69mpar~y AI~ORNEY-IN-FACT The Resident Agent of the Surety m Denton County, Texas for dehvety of notw~ and se£v~ce of the process IS NAME CT Corporation System STREET ADDRESS 350 North S~. Paul S~reet, Dallas, TX 7520~ (NOTE Date of Performance Bond must be date of Contract If ~estdent Agent ts not a corporatton, gtve a person's name ) PB - 2 BOND NUMBER 1650-10-133900 PAYiV~NT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That MIDWEST TOWERS, IN'C. whose address ts PO BOX 1465, CHICKASAW, OK 73023, hereinafter called Prmclpal, and Employers Insurance of Wausaut A Mutual Company , a corporauon orgn-,zed and exmtmg under the laws of the State of TEXAS, and fully authorized to transact busmess m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporation orgnn,zed and exmtmg under the laws of the State of Texas, heremafter called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the bufldmg or unprovements heremafter referred to, m the penal sum of ONE HI. rNDRED FORTY FIVE THOUSAND TWO HUNDRED TEN and no/100 DOLLARS ($146,:110) m lawful money of the Umted States, to be pad m Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bad ourselves, our helrs, executors, admmmtrators, successors, and assigns, jomfly and severally, firmly by these presents This Bond shall automaUcally be mcreased by the amount of any Change Order or Supplemental Agreement which mcreases the Contract price, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of th~s Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal cntored mto a certam Contract, identified by Ordmance Number 99-138, with the City of Denton, the Owner, dated the 20 day of APRIL A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2351 - COOLING TOWER REPAIR, DI~NTON IVIUNICIPAL GENERATING STATION. NOW, THEREFORE, if the Prmclpal shall well, truly and faithfully perform its duues and make prompt payment to all persons, f'mms, subcontractors, corporations and clann~nts supplying labor and/or material m the prosecution of the Work provided for m said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety bemg hereby expressly waived, then this obligation shall be void, otherwise ~t shall remam m full force and effect PROVIDED FURTHER, that if any legal action be flied on th~s Bond, exclusive venue shall lle m Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that ~{o change, extension of time, alterauon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawmgs, eto, accompanymg the same, shall m anywise affect its obhgauon on this Bond, and it does hereby waive notice of any such change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawmgs, etc PB-3 Tins Bond is given pursuant to the provmons of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any reqmslte nouces may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated C~vfl Statutes of the State of Texas IN WITNESS WHEREOF, tim instrument is executed m 4 copies, each one shall be deemed an original, thru the 20 day of APRIL 1999 ATTEST PRINCIPAL BY d % SECRETARY BY ~ . ,. N~/,' ~% ', PRESIDE ATTEST SURETY .? ' Employers Insurance of Wausati A~tFORNEY-IN-FACT The Resident Agent of the Surety xn Denton County, Texas for dehvery of nonce and serwce of the process :s NAME CT Corporatxon System STREET ADDRESS 350 North St. Paul Streett Dallas, TX 75201 (NOTE Date of Payment Bond must be date of Contract If Resident Agent ~s not a corporation, gtve a person's name ) 2351 CONTRACt & BONDS & INSURANCE PB - 4 No 216-171- 001 EMPtIDYE INSURANCE OF WN. Fa/ A Mutual Company POWER OF ATTORNEY KNOW Al L MEN BY THESE PRESENTS That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporatmn duly orgamzed and existing under the laws of the State of Wisconsin and hawng lie principal office in the C~ty of Wausau County of Marathon State of Wmconsm has made constituted and appointed and does by these presents make constitute and appmnt J~ A. ~[gA1. ~ts true and lawful attorney in fact with full power and authority hereby conferred m its name place and stead to execute seal acknowledge and dehver ANY OR ALL BONDS UNDERTAKINGS RECOGNIZANCES OR OTHER WRITTEN x~ OBI IGATIONS IN THE NATURE THEREOF I~OT TO ]~[CKKn 'EHK PEI~kL Sl~l OF FIVE I~ILLIOI~ a-~ OOLLAgS ($5,000,000)~ cc a nd to b~nd the corporatmn thereby as fully and to the same extent as ~f such bonds were signed by the President sealed with Z the corporate seal of the corporation and duly attested by ~ts secretary hereby ratifying and confirming all that the smd -- attornev m fact may do in the premises cc Th~ power of attorney m granted pursuant to the following resolutmn adopted by the Board of l)lrectors of said Company at a ~ meeting duly called and held on the 18th day of May 197 t which resolutmn m still ~n effect ~ RI' qOl VI' D that the President and anv Vice President -- elective or appomBve -- of EMPLOYERS INSURANCE OF ~ WAU~AU A Mutual Company be and that each of them hereby m authorized to execute powers of attorney quahfymg ~ the attorney named In the g~ven power of attorney to execute on behalf of EMPI OYFRS INSURANCF OF WAUSAU A O Mutual (. ompanv bonds undertakings and all contracts of suretyship and that any secretary or asmstant secretary be Z and that each or any of them hereby ~s authorized to attest the executmn of any such power of attorney and to attach (fi thereto the seal of EMPI OYFRq INqURANCF OF WAUSAU A Mutual Company uJ O I' tIRTH I' R RLqOI VEl) that the s~gnatures of such officers and the seal ofFMPI OY FRS INSURANCE OF WAUSAU C~ A Mutual Company may he affixed to any such pawer of attorney or to any cemficate relating thereto by facmmde and ~ any such power of attorney or certfficate bearing such facmmfie s~gnatures and faemmde seal shall be vahd and binding  upon th~ ~ MPI OYFR~ INqURANCI. el~ WAUSAU A Mutual Company when so affixed and m the future with respect to any bond undertaking or contract of suretyship to which ~t m attached INWITNI.%qWHI'RI'OI~ I~MPI OYI.RqlN%URANCI. el' WAUqAUAMutualCompanvhascausedthesepresentstobe O ~ s,gned by the v,ce pre,idem and auestod by Its assl,tam secret, and ,ts corporate seal to be hereto affixed th,s ].S'~ day of Z FEBRUARY ., 19, 93 ~ ~ "'-- ~ EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 0 ~' ~ ~ R J B~steman'/ Assmtant Secretary u_ qTATF OF WISCONSIN ) O ) ss cc COUNTY OF MARATHON I LU g On th~s 1ST dayof FEI~RUARY 1993 hefore me personally came O J Stephen Ryan to me known who being by me duly sworn did depose CL and say that he i$a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutoalCompany the coq~oretmn descnhed in and which __. exanutcd the above mstrumenL that he knows the seal of smd coq~oraaon that the seal affixed to sard instrument is such coq0orate seal and that ~t was so -I affixed by order of the Board of l~reclors of smd corpora~on and that he signed lus name thereto by like order ~ I\ WIT'~F%% WBFRI'OI' I have hereumo ~el m~ hand and alhxed my ofhcml ~eal the day and year hereto first above wraten < ~_ Patncm A Kiernan Notary Publnc ~E NOTARY PUBLIC ,, ~ STATE OF WISCONSIN l; 72 1'- ~,I A'I ~, ()1- IA I~,( ON'.,IN ~ MY COMMISSION EXPIRES MAY 29 1994 ,,,, ,, ( OLIWI ~ el' MARA~[ HeN ~ CERTIFICATE VAI IDATINGSTATkMbNTPRINT}DINTH[, MARGINTHFRI'O~' INRFI) INK remalns m full force and has CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts d~rected to the insurance requtrements below It ts htghly recommended that btdders confer wtth their respecttve insurance carriers or brokers to determtne tn advance of Btd submtsston the avadabtltty of tnsurance certtficates and endorsements as prescribed and provided heretn If an apparent low btdder fmls to comply stnctly wtth the tnsurance requtrements, that btdder may be dtsquahfied from award of the contract Upon btd award, all tnsurance requtrements shall become contractual obhgattons, whtch the successful btdder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS' Wtthout lttntttng any of the other obhgattons or ltabthttes of the Contractor, the Contractor shall provide and matntatn unttl the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafter As soon as practicable after nottficatton of btd award, Contractor shall file wtth the Purchastng Department sattsfactory certtficates of tnsurance, contatntng the btd number and tttle of the project Contractor may, upon written request to the Purchastng Department, ask for clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly advtsed to make such requests prtor to btd opentng, stnce the tnsurance requtrements may not be modtfied or watved after btd opemng unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any material untd he or she recetves nottficatton that the contract has been accepted, approved, and signed by the Ctty of Denton All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each pohcy shall be Issued by a company authorized to do business m 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 in the bid proposal If requested by the Ctty, the insurer shall reduce or elunmate such deducttbles or self-~nsured retentions w~th respect to the C~ty, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claan admtmstrat~on and defense expenses · L~abfl~ty policies shall be endorsed to prowde the following · · Name as additional insured the C~ty of Denton, ~ts Offictals, Agents, Employees and volunteers ** That such ~nsurance ~s pranary to any other ~nsurance available to the additional insured w~th respect to clmms covered under the pohcy and that this insurance apphes separately to each insured agamst whom claun ~s made or stat ~s brought The inclusion of more than one insured shall not operate to ~ncrease the ~nsurer's hm~t of habthty All pohcles shall be endorsed to promde thirty (30) days prior written notme of cancellation, non-renewal or reduction m coverage · Should any of the required insurance be prowded under a clarms-made form, Contractor shall mamtam such coverage continuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract exp~ratmn, such that occurrences arising dunng the contract term which give nsc to clanns made after expiration of the contract shall be covered · Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate lumt prowdmg for claims investigation or legal defense costs to be ~ncluded m the general annual aggregate limit, the Contractor shall e~ther double the occurrence hmlts or obtain Owners and Contractors Protective Liability Insurance · Should any reqmred insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory ewdence of remstated coverage as reqmred by th~s contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty may, at ~ts sole optmn, termmate th~s agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally comply wtth the following marked spectficattons, and shall be matntatned tn comphance wtth these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted IX] ^ General Liability Insurance: General Ltabfi~ty insurance w~th combined single hm~ts of not less than 1,000,000 shall be prowded and mamtamed by the Contractor The pohcy shall be written bn an occurrence bas~s e~ther m a single pohcy or m a combination of underlymg and umbrella or excess pohc~es If the Conunercml General L~abthty form (ISO Form CG 0001 current cd,non) ~s used · Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual habfilty covering th~s contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, It shall include at least · Bodily injury and Property Damage Liability for premises, operations, products and completed operations, mdependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hablhty (preferably by endorsement) covering this contract, personal injury habfllty and broad form property damage hablhty IX] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance w~th Combined Single Lmuts (CSL) of not less than 500,000 either in a single pohcy or m a combination of basle and umbrella or excess pohcles The pohcy will include bodily injury and property damage hablhty arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjuncuon with this contract Sausfactlon of the above requirement shall be m the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensataon Insurance Contractor shall purchase and mamtam Worker's Compensation insurance which, m addition to meeting the mlnunum statutory reqmrements for issuance of such insurance, has Employer's Liability hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy lumt for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provis~ons of Attachment 1 m accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Comnusslon (TWCC) [ ] Owner*s and Contractor's Protective Lmbdity Insurance The Contractor shall obtain, pay for and maintain at all times during thc prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy hnuts will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Lmb~hty Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Lumts of not less than each occurrence are required [ ] Professmnal Lmbility Insurance Professional liability insurance with lnmts not less than per claim w~th respect to negligent acts, errors or onnss~ons ~n connection with professional servmes is reqmred under this Agreement [ ] Budders' R~sk Insurance Builders' Risk Insurance, on an All-Rask form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Addltmnal Insurance Other ~nsurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is reqmrcd for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT I [x] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Ent~tma A Deflmt~ons Certificate of coverage ("certff~cate")-A copy of a certificate of insurance, 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 prowd~ng serwces on a project, for the duration of the project Duration of the project - includes the t~me from the beg~nmng 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 prowd~ng services on the project ("subcontractor" ~n §406 096) - ~ncludes all persons or ent~t~es performing all or part of the serwces 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 hm~tat~on, ~ndependent contractors, subcontractors, leasing compames, motor carners, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde services on the project "Serwces" include, w~thout hm~tat~on, prowd~ng, hauhng, or dehvenng equipment or materials, or prowd~ng labor, transportation, or other serwce related to a project "Serwces" does not ~nclude act~wtles unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable todets B The contractor shall prowde 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 prowd~ng serwces on the project, for the duration of the project C The Contractor must prowde a cert~hcate of coverage to the governmental entity prior to being awarded the contract D If the coverage per~od shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage penod, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowd~ng services on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity w~ll have on file certificates of coverage showing coverage for all persons prowd~ng serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall not~fy the governmental entity ~n wntmg by certified ma~l or personal delivery, w~th~n 10 days after the contractor knew or should have known, of any change that mater~ally affects the prows~on of coverage of any person prowd~ng serwces 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, ~nform~ng all persons prowd~ng serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person w~th whom ~t contracts to prowde serwces 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 prowd~ng serwces 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 prowded 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 period, 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 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 penod, ~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 mater~ally affects the prows~on of coverage of any person prowd~ng serwces on the project, and (7) contractually require each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be provided to the person for whom they are providing services By sigmng th~s contract or prowd~ng or causing to be prowded a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who w~ll prowde serwces on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage w~ll be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate ~nsurance carrier or, ~n the case of a self-insured, w~th the commission's D~ws~on of Self-Insurance Regulation Providing false or m~sleadmg ~nformat~on may subject the contractor to administrative penalties, criminal penalties, c~wl penalties, or other c~wl actions J The contractor's failure to comply w~th any of these prows~ons ~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 w~th~n ten days after receipt of not~ce of breach from the governmental entity NUVmER ~S~ BID PROPOSALS PAGE 2 OF 8 City of Denton, Tenas 901-B Texas St Purchasing Department Denton, Texas 76201 COOLING TOWER REPAIR 1 EA 145,210o 145~210, DENTON MUNICIPAL GENERATING STATION PER A'ITACHED SPECIFICATIONS We quote the above f o b delivered to Denton, Tmms Slupment can be made m 10/15 daysfromrece~ptoforder Tennsnet/$0unlezsotherw~semd~catefl In subrmtung the above b~d the vendor agrees that acceptance of any or ail b~d ttems by the C~ty of Denton Texas within a reasonable penog of ~me constitutes The complete B~d Proposal must be properly priced sidled and returned P.O. Box 1465 M~dw~st Towers. Inc~7 Mmling Address Bt y Ch~_ckasha OK 73023 C~ S~ Z~p [4051224-462~ (405)224-4625 Terry G. Ogburn Teleph0~ F~ N~ ~ N~e V~ce President and Sales Manager Midwest Towers, Inc. "Quall~y and Service with Integrity" March 24, 1999 C~ty of Denton 901-B Texas Street Denton, TX 76201 Attention Purchasing Department Subject. Denton Mun;c~pal Generating Stat;on Umt 1 / 2 Cooling Tower Repair Midwest Towers' Proposal No MT-R-9040 Gentlemen In response to your Inquiry No 2351 dated 8 March 1999, we are pleased to submit our proposal for work to be done on the subject coohng tower We are also enclosing our current T~me and Mater~al Rate Schedule for any add~bonal work you may consider Should you have any questions or require additional ~nformabon, please do not hesitate to call us S~ncerely, MIDWEST TOWERS, INC Sales Manager TGO/se Enclosures cc Lentz Equipment J~ Hwy 19 East. P O Box 1465. Chickasha, OK 73023 Tel (405) 224-4622 · Fax (405) 224-4625 Midwest Towers, Inc. "Quality and Servlce w~th Integnty" C~ty of Denton Denton, Texas SubJect Denton Mumc~pal Generating Stabon Umt 1 / 2 Coohng Tower Repair Midwest Towers' Proposal NO. MT-R-9040 SCOPE OF WORK 1 DRIFT ELIMINATORS In four (4) cells, remove ex~st~ng dr~ft eliminators and support system and ~nstall Brentwood CDX-150 PVC drift eliminators New dr~ft eliminators will be supported on custom manufactured PVC dram boards/shelf supports, ~nstalled at each vertical elevation Included will be 2" x 2" framing stiffeners at the top of each dr~ft ehm~nator pack to prevent movement 2 HOT WATER BASINS In four (4) cells, remove ex~sbng hot water bas~n, curbs, d~str~butlon boxes, nozzles, decking, 2" x 6" basin joists, 2" x 6" m~dbay nailers, and 2" x 4" joist supports Install new 2" x 4" longitudinal jo~st supports, 2" x 6" transverse jo~sts and 2" x 6" mldbay nailers The new 2" x 6" transverse joists w~ll be sphced at a Iocabon near or beyond drift ehm~nators as d~ctated by original joint Install new 3/4" CCX pressure treated plywood decking and 2" x 10" longitudinal and transverse basin curbs Each basra will be sealed around the perimeter w~th chamfered 2" x 2" and caulked w~th Vulkem Mastic to prevent leakage New custom manufactured dlstnbubon boxes w~ll be ~nstalled at each ex~sbng valve Iocabon Also ~ncluded w~ll be new polypropylene target nozzles New walkways will be ~nstalled the full length of the tower on both s~des to complete the ~nstallatlon Also ~ncluded w~ll be new Redwood 4 x 4 stub post supports for Hot Water Basin Cover ~0c~ Hwy 19EastopO Box1465,Chickasha, OK73023 Tel (405) 224-4622 · Fax (405) 224-4825 C~ty of Denton Scope of Work Page 2 3 FILL In four (4) cells, remove the top s~x feet of the ex~st~ng fill and ~nstall new fill and fill hangers The fill w~ll be heavy duty ThermabarTM PVC fill and w~ll be supported on heavy duty PVC coated steel mesh hangers New slotted 2" x 4" members w~ll be ~nstalled to support the new hangers This h~ghly efficient fill w~ll be orientated parallel to the a~rflow and w~ll be supphed ~n 5' & 7' lengths The Thermabar fill w~ll be spaced every 8" vertically and 12" horizontally and w~ll have a total a~r travel depth of 12' from the louvers to the drift ehm~nators The hangers w~ll be spaced a maximum of 2' apart and each piece of fill w~ll be sohdly connected to the hangers to prevent movement 4 HOT WATER BASIN COVERS In four (4) cells, ~nstall hot water basin enclosures Included will be new bolted 2" x 4" transverse jo~st supports and nailed 2" x 4" longitudinal jo~sts on 36" OC Enclosures w~ll be 12 oz, 4 2 corrugated fiberglass w~th 6" x 6" corner roll trim Area between fandeck and handrails w~ll remain open for vent~labon Included w~ll be all necessary attaching hardware New access ladders w~ll be installed from the fandeck down to the hot water basra walkways The enclosure roof will be framed for ladder access to walkways 5 FAN STACKS In four (4) cells, remove ex~st~ng fanstacks and ~nstall new velocity recovery, ng~d fiberglass fanstacks manufactured by M~dwest Towers The throat d~ameter w~ll be 22' and the ~nlet d~ameter w~ll be 23'-6" The height will be 6' Also included w~ll be an external FRP motor couphng shaft guard and stainless steel attaching hardware C~ty of Denton Scope of Work Page 3 6 FAN DECK a Remove and replace detenorated sections of fan deck on a t~me and matenal bas~s as d~rected by C~ty of Denton representabve Based on the present condition of fan deck, ~t is wrtually ~mposs~ble to determine a starting point and a stopping point An estImate could easily span a m~nor repair of $1,500 to a complete replacement cost of $8,000 7 MISCELLANEOUS T & M RepaIrs a A~r Plenum 1 Repair damaged plenum d~wder walls and access doors 2 Deformed areas and damage ~n all cells 3 Repair damaged plenum doors b Inlet Louvers 1 Remove old Redwood louvers as d~rected 2 Install new Redwood louvers as d~rected c Handrad 1 Remove and replace fan deck hand & kneera~ls 2 New ra~ls w~ll be through bolted d Stairway 1 Re-secure sta~nNay to tower e Supports 1 Replace deteriorated supports throughout tower as d~rected 8 GENERAL INFORMATION a M~dwest Towers has been prowd~ng the utility ~ndustry w~th quahty products and serwce for over 13 years Our permanent manufactunng facility located ~n Ch~ckasha, Oklahoma has over 50,000 sq ft under roof to supply custom manufactured components to not only our utility customers but also to every major cooling tower manufacturer worldwide b Reference hst of s~m~lar projects enclosed c Orgamzabonal chart enclosed C~ty of Denton Scope of Work Page 4 d Work w~ll beg~n Monday, Apnl 26, 1999 and w~ll be completed on or before Friday, May 28, 1999 e Excluded from our pricing ~s the cost of performance and payment bonds, ~f required f Warranty period ~s one-year labor and materials from date of ~nstallat~on Warranty is promulgated on proper normal operation and maintenance g Our offering ~s ~n accordance w~th subject specification and ~s ~ntended to be ~nclus~ve except as noted ~n proposal h Pnc~ng ~ncludes all labor, supervision, materials, and freight to job s~te, consumables, ho~sbnq and forklift equipment, crew mob~hzatlon, and demob~hzat~on C~ty of Denton Scope of Work Page 5 ALTERNATES TO BASE BID 1 In four-(4) cells, remove ex~st~ng fan decking and ~nstall new pressure treated 1 ~/8" CCX plywood decking Included w~ll be 1" x 4" toeboards around the fan deck perimeter New 2" x 6" fan deck bridging w~ll be ~nstalled around the fan deck cutout, to support fan stack Ex~st~ng fan deck jo~sts w~ll be re-used, however, th~s area will be respected after old deck ~s removed Also ~ncluded ~s all necessary stainless steel attaching hardware Total Installed Cost J $ 7,998 00 2 Exlsbng water dlstnbut;on nozzles are ~n good condition overall We propose cleamng and re-using exlsbng nozzles After removal respect nozzle bottom dispersion plates Replace broken nozzles as reequ~red on T & M bas~s Deduct From Base Bid ] $ t,498 00 3 Crossover water d~stnbutlon p~pe ~n the second cell from north has a crack and ~s leaking ~n the air plenum area, approximate Iocabon is under the gearbox We recommend gnnd~ng the ex~sbng falhng p~pe wrap from p~pe Prep p~pe and re-fiberglass to repair leak Total Cost of P,pe Repa,r I $ 897 00 4 In four (4) cells, remove the top twelve feet of the ex~st~ng fill and install new fill and fill hangers The fill wdl be heavy duty ThermabarTM PVC fill and wdl be supported on heavy duty PVC coated steel mesh hangers New slotted 2" x 4" members w~ll be installed to support the new hangers Th~s h~ghly efficient fill w;ll be orientated parallel to the a~rflow and w~ll be supphed m 5' & 7' lengths The Thermabar fill w~ll be spaced every 8" vertically and 12" horizontally and w~ll have a total a~r travel depth of 12' from the louvers to the dnff ehmmators The hangers wdl be spaced a maximum of 2' apart and each p~ece of fill w~ll be sohdly connected to the hangers to prevent movement Total Additive 12' Fill Replacement [ $ 24,813 00 C~ty of Denton Scope of Work Page 6 5 In four (4) cells, salvage fill material from top s~x foot replacement and re-~nstall throughout other areas of tower to repair overall fill system to satisfactory condition Structural and support repairs, if encountered, w~ll be T&M Total Lower Section Fill Repairs ] $ 3,855 00 Midwest Towers, Inc. "Quality and Service wlth Integnty" PROPOSAL INFORMATION CUSTOMER City of Denton DATE March 24, 1999 LOCATION Denton, Texas PROPOSAL MT-R-9040 TOWER NUMBER I / 2 LABOR Open Shop NO OF CELLS/FANS 414 SUPERVISION M,dwest UNLOAD AND HAUL BY Midwest Towers DISPOSAL BY City of Denton HOISTING/CRANE BY Midwest Towers ELECTRICAL WORK/LIGHTING BY OTHERS LUMBER Pressure Treated Redwood HARDWARE 300 Series Stainless Steel PRICING MATERIAL Included LABOR & SUPV Included FREIGHT Included TAXES Exempt or Direct Pay by C;ty TOTAL NET PRICE FOB SHIPPING POINT ~ t45~210 00 Prices are firm for acceptance w~thln 60 days from b~d date Additional work w~ll be ~n accordance w~th M~dwest Towers, Inc T~me and Matenal Rate Schedule SHUTDOWN AND SHIPMENT SCHEDULE Shipment can be made 2-4 weeks after receipt of an order Approximately 25 working days w~ll be required to perform the work as outline based on a m~n~mum of all cells being shut down Tel (405) 224-4622 * Fax (405) 2244625 Midwest Towers, Inc. "Quality and Service w~th Integnty" CITY OF DENTON TLME AND MATERI;tL RATE SCHEDULE LABOR Superintendent $45 00/Hr Craftsman $24 75/Hr Foreman $27 75/Hr Laborer $19 50/Hr Ail overtime billed at time and one-half Overtime is defined as time worked over 8 hrs Per day, or 40 hours in the time period of Monday thru Sunday Included in these rates are the following items · Supervisors truck, · Subsistence (food, lodging, telephone, etc ), · Standard tools Handsaws, hammers, wrenches, electric (cords, drills, saws), chalnsaws, etc , · Miscellaneous consumable supplies LUMBER Pressure Treated Redwood $2 20/BF P~essure Treated Douglas Fir $1 45/BF Treated Plywood 1-1/8" 3/4" 1/2" 3/8" Per Sq Ft $2 20 $1 50 $1 14 $ 99 HARDWARE Stainless Steel (18-8 Series) 3/8" dla 1/2" dla 3/4" dla Bolt - per inch $ 35 $ 50 $ 66 Nut - each 24 41 49 Lock or Flat Washer - each 16 22 29 S±llcon Bronze Bolt - per inch $ 37 $ 50 $ 72 Nut - each 25 43 51 Lock or Flat Washer - each 18 23 31 Stainless Steel Casing Nails w/neoprene bonded washers $7 50/lb Stainless Steel Threaded Nails $6 50/lb Silicon Bronze Threaded Nails $6 50/lb Type 316 Stainless Steel - Add 40% MISCELLANEOUS Buyouts and Subcontracts Cost Plus 16% MIDWEST TOWERS Fabricated Materials Cost Plus 30% Counterflow Target Nozzles $7 50 each C~ossflow Target Nozzles $3 75 each Corrugated 12 oz Gray Fiberglass Standard $1 50/sq ft Class I Fire Retardant $2 10/sq ft Standard Corner Roll $1 70/sq ft Caulking $5 00/tube Equipment Rental Cost Plus 16% Frezght Cost Plus 7 5% [~elght (Midwest Towers truck) $1 50/mile r~ Hwy 19 East· P 0 Box 1465. Chickasha, OK 73023 Tel (405) 224-4622 · Fax (405) 224-4625 May 07-gg 01-2BP Midwest Towe~s Inc 405 2244625 PO] ,MI DWETO~TE 1 WA~ &~,~,~,--~ ....... I HQ~ ~ G~A~ QQES NOT A~D, ~NO OR 5100 N BROO~I~ ~~ BY ~E POUCIES B~OW IT~ 1055 ~ ~IES A~6~E~8~ ..~O~ CITY, OK 73112-5428 ~ sox .... I CHIC~S~ , OK 73018 .~L~m~ 082900000727 08/01/98 08/01/99 =~*~"~ Si,000(000 m~.mLa~kU~Uw~__ ~,o~~ sEXC~UDED,1 000 000 B AUTO~am~a~mu~ 083900000727 08/01/98 08/01/99 ~M~NEOSi~L~UM~ J,l,ooo,0oo c omoc~mm,u~ 083902000727 08/01/98 08/O1/99'~ocm. RE~; ~ T~N UMa.E~ ~.M PRODUCTS I.EXCLUDED B wu.~=ua.~,o.a~ 081902000727 08/01/98 08/01/99 ~. ~OOLING TOUR ~AIR, D~ON ~ICI~ ~N~TIN~ STATION ADDITION~ INS~D: T~ CITY OF 0~TON, ITS OFFICIOS, A~E~S, E~LOYE~S (See Attach~ Schedule. ) ~HOULD ANY OF THE ABOVE DE,CEllED POLiCiES CITY OF DENTON, ~S CANCELLED, NONRENEWED OR REDUCTIOH IN COVERAGE gOl-B TE~S S~T ~EFORE THE EXPIRATION DATE THEREOF, THE D~NTON, TX 76201 ISSUING COMPANY WILL SEND 30 DAYS WRITTEN NOTICE I0 THE CERTIFICATE ~ r Ma~-O7-g9 O]:2gP M~dwest Towees 1nc 405 2244&25 P 02 DESCRIPTIONS~(Continued from page 1.) AND' VOLUN'~'E=RS ARS NAMED AS ADDITIONAL INSURED r,,~4DER GENERAL L[ASfL&~Y POliCY ~0829-00-000727. T~ INSU~CE C0MP~Y WAI~S ~Y RIG~ OF SUBROGATION AGAINST THE CITY OF 'NTON, TE~ ~ICH ~Y ~ISE BY ~ASON OF ~Y PA~ UNDER POLICY . ~ER 0819-02-000727. CO~CTU~ LI~ILITY CO~GE AS AFFORDED BY THE CO~RIC~ GE~ LI~ILITY CO~GE FO~. IClSG,=M=S~.(~:2 ~ 2 ~S930~.5/N54,043