Loading...
HomeMy WebLinkAbout1997-009ORDINANCE NO Q7-009 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR 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, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the 'Bid 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, equipment, supplies 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, supplies, or services, shown in the 'Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NQ VENDOR AMOUNT 1972 ALL SOLA COMMUNICATIONS $ 30,419 00 S SECTION R 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, equipment, 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 SECTION III 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 contained in the Bid Proposal and related documents herein approved and accepted 1 SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes 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 herein SECTION That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this / ' day of 1997 JACK ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ` SUP LY ORD 2 DATE JANUARY 7, 1997 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1972 - SPREAD SPECTRUM MICROWAVE RF.COMMF.NDATION We recommend this bid be awarded to the lowest bidder, Sola Communications, in the amount of $30,419 00 including installation We also recommend we accept the option to hold prices firm for one year for subsequent purchase to update our radio communications SUMMARY: This purchase is for microwave radios and antennas for installation between the Spencer Power Plant and Lake Lewisville Hydro Generating Plant PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Radio Communication Division, Electric Production Division FISCAT, IMPACT: This purchase will be funded from 1996/97 budget funds Account#610-101-1011-3970-9227 Attachments Tabulation Sheet Memorandum dated 12-11-96 from Ray Wells Respectfully submitted Ted Benavides City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 817 AGENDA HID NAME 1 3 EA 2 1 EA 3 _ 1 EA 4 FT 5 I 1 EA 1992 SPREAD SPECTRUM MICROWAVE LINK AND RADIOS DECEMBER 10 1996 DE$Ci-yTION ENNA FEED LINE CATE SIZE OF LINE AND TYPE !ER SUPPLY FOR LAKE SOLA TELCO NO BID CORNSTAT HSI COMMUN VENDORS VENDOR VENDOR LGROUP S820000 $740000__S9 J6815 POWER SUPPLY $145100 _ $182000 $200000 4 FT UTILITY SALES ' 5145100 $18_2000 $150000 WESTERN MULTIPLEX $309 FT __S_450Ff__ $500FT PREFERRED SALES _ $89900 $130000 FMS TECH TEMPLL PRD STER $192800 6 LIMITEDINSTALLATION TECHNICAL SUPPORT ONLY $316600 0 TURN KEY INSTALLATION S36 917 66 CONTRACT BONDS INSURANCE REQUIREMENTS •$2982 00 OPT UPS POWER DELIVERY 30DAYS 4 $120000 $200000 $280000 $585000 EIA CONN S125 00 N CONN 14 DAYS $9000 HANGER HDWR $600 00 CITY o/ DENTON. TEXAS la rn 96 DEC, l 2. ',1 ,u 3 MUNICIPAL BUILDING • 215 E McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434 2529 M E M O R A N D U M TO: Tom Shaw, Purchasing Agent FROM: Ray D. Wells, Superintendent of Electric Metering/Communications & Electronics/Substations DATE: December 11, 1996 RE: EVALUATION OF BID #1972, Spread Spectrum Microwave eeoe=veo-vvoaae�eeaaaeesaaeeocaaeeaa000aaavaaaaaoaaavcaaoeeooeaaa On December 10, 1996, the City of Denton received Bid #1972 for Spread Spectrum Microwave equipment and installation between Spencer Generating Plant and Lake Lewisville Hydro Generating Plant. We had three (3) vendors responding with qualified bids, they were: Comsat RSI, 2100 Couch Drive, McKinney, Texas. Responded with a total installed project cost of $36,917.66. Sola Communications, Inc, 124 Toledo Drive,, Lafayette, Louisiana. Responded with a total installed project cost of $30,419. The Houston office will perform technical support and installation. Telco Grouo. Inc, 801 Greenview Drive, Grand Prairie, Texas. Responded with a total installed project cost of $41,266.25. All three responded with the Lynx cp2 radios manufactured by Western Multiplex Corporation. We recommend Sofa Communications, as the low bid meeting all specifications. Per the specifications we further recommend extending a one year agreement for subsequent purchases of Bid equipment and options. Expanded communications requirements to the Hydro Plant associated with TMPA assuming operating control necessitated this system. This Microwave link will extend our Ti network to Lake Lewisville offering bandwidth necessary for a telephone at the Hydro Plant and SCADA communications for Denton, TMPA, and Brazos. Other communications possible include expanded radio communications for safety and automated meter reading. This project is funded from current electric utilities operating funds. cc: Sharon Mays Robert E. Nelson "Dedicated to Quality Service" CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON $ THIS AGREEMENT, made and entered into this JANUARY A.D., 19 97 , by and between CITY OF DENTON 7 day of of the County of DENTON and State of Texas, acting through TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and SOLA COMMUNICATIONS, INC. 124 TOLEDO DR. LAFAYETTE, LA 70506 of the City of LAFAYETTE , County of LAFAYETTE and State of LA hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1972 - SPREAD SPECTRUM MICROWAVE LINK & RADIOS in the amount of $30,419.00 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 - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ' :d�YkN kr - :i' ::Y Y.I:��Y all of which are made a part hereof and collectively evidencb and constitute the entire contract. It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. APPROVED AS TO FORM: AAA0184D Rev. 04/05/96 CA - 3 CITY OF DENTON SOLA COMMUNICATIONS, INC. CONTRA/CTORj J 124 Toledo Drive Lafayette, LA 70506 MAILING ADDRESS (318) 232-7039 PHONE NUMBER (318) 235-2799 FAX NUMBER BY President TITLE TED J. MILLER PRINTED NAME (SEAL) M' :ASTMS : u c"W6Co) TORT STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That SOLA COtMUNICATIONS, INC. , of the City of I"AYETTE County of I"AYETTE , and State of LA as PRINCIPAL, and AETNA CASUALTY & SURETY COMPANY OF AMFRICA 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 THIRTY THOUSAND FOUR HUNDRED NINETEEN and no/100------------------- Dollars ($ 30,419.00 ) 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 7 day of JANUARY , 1997 , for the construction of BID $ 1972 - SPREAD SPECTRUM MICROWAVE LINK & RADIOS 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 - 1 PROVIDED FURTHER, that if any legal action bq filled upon this bond, venue shall lie in Denton County, State of Texas. 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, 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 19 97 SOLA COMMUNICATIONS, INC Principal By CC Title SECRETARY/TREASURER 24TH day of JANUARY , AETNA CASUALTY & SURETY COMPANY nE AMERICA Surety Title ATTOR ,Y IN FACT r- _ Address: Address: 124 TOLEDO DRIVE 2100 NORTH FIRST STREET LAFAYETTE, LA 70506 GOLDEN MEADOW LA 70357 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: BRUCE C. DeHART ELSEY & ASSOCIATES 88820 WILL CLAYTONPA-RKKWAY HUMBLE TEXAS 77338 NOTE: Date of Bond must not be prior to date of Contract. ARA0184D Rev. 04/05/96 PB — 2 AETNA CASUALTY St SURETY COMPANY OF AMERICA Hartford Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALLMEN BY THESE PRESENTS THAT AETNACASUALTY & SURETY COMPANY OFAMERICA a corporation duly organized under the laws of the State of Connecticut and having Its principal office In the City of Hartford County of Hartford State of Connecticut hash made constituted andappomted and does by these presents make constitute and appoint David J Orgeron or Lynn P Pierce " ' of Golden Meadow, LA its true and lawful Attornsylsl in Fact with full power and authority hereby conferred to sign execute and acknowledge at any place within the United States or if the following line be filled in within the area there desig noted the following instrument(s) by his/her sole signature and am any and all bonds recognizancea contracts of indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any and all consents incidents thereto and to bind AETNA CASUALTY & SURETY COMPANYOFAMERICA,thereby asfullyand to the same extent as II the same were signed by the duly authorized officers ofAETNACASUALTY& SURETY COMPANY OFAMERICA andalltheactsolsaidAnorneyis) In Fact puntontto the authority herein given are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and affect VOTED That each of the following officers Chairman Vim Chairman President Any Executive Vice President Any Group Executive Any Senior Vice President Any Vice President Any Assistant Vice President Any Secretary Any Assistant Secretary may from time to time appoint Resident Vice Presidents Resident Assistant Secretaries, Attorneys In Fact and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may proscribe to sign with the Company a name and seal with the Company s seal bonds recognizancea contracts of Indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officars or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her VOTED That any bond recognizance contract of Indemnity or writing obligatory in the nature of a bond recognizance or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman the Vice Chairman the President an Executive Vice President a Group Executive a Senior Vim President a Vice President an Assistant Vice President or by a Resident Vice President pursuant to the power prescribed In the conlficeto of authority of such Resident Vice President and duly attested and sealed with the Company a seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary pursuant to the power prescribed in the cenificats of authority of such Resident Assistant Secretary or lb) duly executed (under seal If required) by one or more Attorneys In Fact pursuant to the power prescribed in his or their certificate or certificates of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA, which Resolution is now In full force and affect VOTED That the signature of each of the following officers Chairman Vice Chairman President Any Executive Vice President Any Group Executive Any Senior Vice President Any Vice President Any Assistant Vice President Any Secretary Any Assistant Secretary andthesealofthe Company maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Aaeletanl Secretaries or Attorneys in Fact for purposes only of executing and anesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which It Is attached IN WITNESS WHEREOF AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President and Its corporate seal to be hereto affixed this 6th dayof November 19 96 +,..n AETNA CA ALTY & SURETY CO PANY OF AMERICA S State of Connecticut so Hartford ��''''�� County of Hanford �• eorg7.••/ hompse Vice PFFeessYYddent On this 6th dayof November 19 96 before me personally came GEORGE W THOMPSON to me known who being by me duly sworn did depose and say that he/she Is Vice President of AETNA CASUALTY & SURETY COMPANY OF AMERICA the corporation described In and which executed the above instrument that he/she knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal and that he/she executed the said instrument on behalf of the corporation by authority of hie/her office under the Standing Resolutions thereof at My commuuon expires November 30 1998 Notary Pubbc Rosalind R Christie CERTIFICATE I theundersigned Assistant Secretary of AETNA CASUALTY& SURETY COMPANY OF AMERICA a stock corporation of the Stets of Connecticut DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked and furthermore that the Standing Resolutions of the Board of Directors as sat fonh in the Comf sate of Authority are now m force Signed and Sealed at the Home Office of the Company in the City of Hartford State of Connecticut Dated this day of 19 / By /✓ Rosa Gonsoulln Assistant Secretary S 2435 17 951 PAYMENT BOND STATE OF TEXAS $ COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That SOLA COMMUNICATIONS, INC. of the City of LAFAYETTE County of LAFAYETTE , and the State of LA , as principal, and AETNA CASUALTY & SURETY COMPANY OF AMERICA 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 THIRTY THOUSAND FOUR HUNDRED NINETEEN and no/100-- Dollars ($ 30,419.00 ) 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 7 day of JANUARY 19 97 . BID # 1972 - SPREAD SPECTRUM MICROWAVE LINK & RADIOS 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, 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 24TH day of JANUARY 1997 SOLA COMMUNICATIONS. INC. Principal By LU-1 � Title SECRETARY/TREASURER Address: 124 TOLEDO DRIVE LAFAYFTTF,, LA 70506 (SEAL) AETNA CASUALTY & 4TTRFTY COMPANY OF AMERICA Surety � L �- jov- Title ATTO EY IN ACT _ Address: (SEAL) The name and address of the Resident Agent of Surety is: BRUCE C DeHART ELSEY & ASSOCIATES 8820 WILL CLAYTON PARKWAY; HUMBLE, TEXAS 77338 AAA0184D Rev. 04/05/96 PB - 4 AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford Connecticut 06166 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SI-IN-FACT KNOW ALL MEN BY THESE PRESENTS THAT AETNACASUALTY&SURETY COMPANY OFAMERICA a corporation duly organized under the laws of the State of Connecticut and having its principal office in the City of Hertford County of Hanford State of Connecticut bath made constituted and appointed and does by these presents make constitute and appoint Ge Vid J Orgeron or Lynn P Pierce * * of Golden Meadow, LA , Its true and lawful Attorney(sl In Fact with full power and authority hereby conferred to sign execute and acknowledge at any place within the United States or if the following line be filled In within the area there desig noted , the following instrumentle) by his/her Mole signature and act any and all bonds recognizances contracts of indemnity and other writings obligatory In the nature of a bond recognizance or conditional undertaking and any and all consents Incidents thereto and to bind AETNA CASUALTY &SURETY COMPANY OFAMERICA,thereby as fully entire the some extent as tithe samewom signed bythe duly oWhadzodoHlesn a(AETNACASUALTY& SURETYCOMPANYOFAMERICA, andalllhoaotsofaaldAttornsy(s) in Fact punuenrtotheautherhy, heroin given ere hereby ratified and confirmed This appointment Is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect VOTED That each of the following officers.Chairman Vice Chairman, President Any Executive Vim President Any Group Executive Any Senior Vice President Any Vice President Any Assistant Vice President Any Secretary Any Assistant Secretary may from time to time appoint Resident Vice Presidents flesldentAsalwant Secretarles, Attorneysdn Feet and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company a name and seal with the Company s goal bonds recegnizances contrsctsofindemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her VOTED Thatanybond recognizance contractof Indemnity, orwdting obligatory lnthe nature of a bond recognizance orconditlonal undertaking shell be valid and binding upon the Company when at signed by the Chairman the Vice Chairman the President an Executive Vice President a Group Executive a Senior Vice President a Vice President an Assistant Vice President or by a Resident Vice President pursuant to the power prescribed In the certificate of authority of such Resident Vice President and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed In the certificate of authority of such Resident Assistant Secretary or Oct duly executed (under seal if required) by one or more Attorneys in Fact pursuant to the power prescribed in his or their cenlficete or certificates of authority This Power of Attorney and CeHRlcate of Authority Is signed and waled by famlmile under and by authority of the following Standing Resolution voted by the Board of Diversion, of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution Is now in full force and effect VOTED That the signature of each of the following officers Chairman Vice Chairman President Any Executive Vice President Any Group Executive Any Senior Vice President Any Vice President Any Assistant Vice President Any Secratary Any Assistant Secretary andtheseelofthe Company maybe affixed by facsimile to any power of attorney aria any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys In Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facalmlle seal shell be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it Is attached IN WITNESS WHEREOF AETNA CASUALTY At SURETY COMPANY OF AMERICA has caused this Instrument to be signed by its Vice President and Its corporate seal to be hereto affixed this 6th deyof November 19 96 O AETNA'TY & SURETY CO WANY OF AMERICA r Stare of Connecticut as Hartford By County of Hartford sorb om Vies P ant On this 6th deyof November 19 96 before me personally came GEORGE W THOMPSON to me known who being by me duly sworn did depose and say that he/she Is Vice President of AETNA CASUALTY & SURETY COMPANY OF AMERICA the corporation described in and which executed the above Instrument that he/she knows the seal of said corporation that the seal affixed to the said instrument Is such corporate seal and that he/she executed the said Instrument on behalf of the corporation by authority of me/her office under the Standing Resolutions thereof 3�.'v My commission expires November 30 lose Nourryy Public Rosalind R Christie CERTIFICATE I the undersigned Assistant Secretary of AETNA CASUALTY as SURETY COMPANY OF AMERICA a stock corporation of the State of Connecticut DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked and furthermore that the Standing Resolutions of the Board of Directors as set forth in the Certificate of Authority are now in force Signed and Sealed at the Home Office of the Company In the City of Hanford State of Connecticut Dated this day of 19 ^/ f Rose Oonaoulin Assistant Secretary S 2435 U 951 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities 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 minimum insurance coverage as indicated hereinafter As soon as practicable after notification 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 insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. • Each policy shall be issued by a company authorized to do business in the State of Texas with 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 City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00350 Cl - ' REVISED 10/12/94 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 claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(3O) 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 insurance 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 limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse F...11.1.111of� REVISED 10/12/94 CI-2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted. Is) A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.0oshall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used. • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this 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, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AAA00350 Cl - 3 REVISED 10/12/94 Insurance Requirements Page 4 M Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies The policy will Include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos Ix) Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least $100,000 for each accident, 4100,000 per each employee, and a $500,000 policy limit 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 provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) I ) Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the 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 AAA00350 REVISED 10112/94 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be Issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [� Fire Damage Legal Liability 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 budding. Limits of not less than each occurrence are required [ I Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions In connection with professional services is required under this Agreement [ i Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk 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 [� Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance Is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications AAA00350 CI - 5 REVISED 10112/94 Insurance Requirements Page 6 ATTACHMENT 1 (xl Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued 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 entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in W6 096) - includes all persons or entitles performing 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. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project AAA00350 REVISED 10/12/94 Cl - 6 Insurance Requirements Page 7 C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mad 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 site a 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 AAA00350 REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 The contractor shall contractually require each person with whom It contracts to provide services on a project, to* (1) provide 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) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom It contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and AAA00360 REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it 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 provide services on the project will 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 will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self-insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AAA003S0 REVISED 10/12104 Cl - 9 BIL NUMBER 1972 BID PROPOSALS Page 2 of 2 City of Denton, Texas 901 B Texas St u...,...t,... n...,ae,.nt Denton. Texas 70201 ITEM DESCRIPTION OUAN PRICE AMOUNT 1. MICROWAVE RADIOS (2 IN SERVICE, 1 SPARE) 3 EA 1174010.00 $7400.00 each 2. MICROWAVE ANTENNA, 6 FT. (SPENCER END) Mark Antenna P-24A72GF-1 1 EA $1820.00 $1820.00 each 3 MICROWAVE ANTENNA, 6 FT. (DAM END) 1 EA. $1820.00 $1820.00 each 4. ANTENNA FEED LINE 200 FT $4.50 $900.00 per ft. Please indicate size of line and type Andrew 7/8" Heliax 5. POWER SUPPLY FOR LAKE LEWISVILLE RADIO Best Fortress UPS LI1020BR Power Supply 1 EA $ 879.00 $879.00 each TOTAL EQUIPMENT $27619.0C RECOMMENDED OPTIONS BELOW INSTALLATION OPTIONS (PLEASE ITEMIZE SEPARATELY) 6 LIMITED INSTALLATION, TECHNICAL SUPPORT ONLY $ $1200.0( 7 "TURN KEY" INSTALLATION (Contract - Bonds and Insurance Requirements will be in effect) $ $2800.0( TOTALS We quote the above f o It delivered to Denton, Texas Shipment can be made in 14 days from receipt of order Terms net130 unless otherwise Indicated In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton Texas within a reasonable period of time conatitues a contract The completed Bid Proposal must be properly priced, signed and returned Sola Communications, Inc. Mickey Marks Mailing Atltlreaa B,itltl�er/�� 124 Toledo Drj,- a£ayette, LA 70506�— City State Zip Signature 318-232-7039 Communicati ns Consultant Title AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYIS►-IN-FACT KNOW ALL MEN BY THESE PRESENTS THAT AETNACASUALTY&SURETY COMPANY OFAMERICA a corporation duly organized under the laws of the State of Connecticut and having Its principal office In the City of Hanford County of Hartford State of Connecticut hathmade constituted endappointed and does by these presents make constitute and appoint David J Orgeron Or Lynn P Pierce ; - of Golden Meadow, L A Its true and lawful Attorney(&) in Fact with full power and authority hereby conferred to sign execute and acknowledge at anyplace within the United States or If the following line be filled in within the area there deslg noted the following instrumentlal by his/her sole signature and act any and all bonds recognizances contracts of indemnity and other writings obligatory In the nature of a bond recognizance or conditional undertaking and any and all consents incidents thereto andto bindAETNA CASUALTY&SURETY COMPANY OFAMERICA thereby nsfullyand to the same extant as if the sameware signed by the duly authorizod officano(AETNACASUALTY&SURETY COMPANY OFAMERICA and all the oc aof saldAttorney(s) in Fact, punuantto the authority herein given are hereby ratified and confirmed This appointment Is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect VOTED That each of the following officers Chairman Vice Chairman President Any Executive Vice President Any Group Executive Any Senior Vice President Any Vice President Any Assistant Vice President Any Secretary Any Assistant Secretary may from time to time appoint Resident Vice Presidents Resident Assistant Secretaries Attorneys In Few and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company a name and seal with the Company a seal bonds racoBnizances contracts of Indemnity and other writings obligatory in the nature of bond recognizance or conditional undertaking and any of said officers or the Board of Directors may at anytime remove any such appointee and revoke the power and authority given him or her VOTED Thatanybond recognizance contramoflndemnity or writing obligatory In the nature of a bond recognizance or conditional undertaking shall be valid and binding upon the Company when to) signed by the Chairman the Vice Chairman the President an Executive Vice President a Group Executive a Senior Vice President, a Vice President an Assistant Vice President or by a Resident Vice President pursuant to the power prescribed in the certificate of authority of such Resident Vice President and duly attested and sealed with the Company a seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power proscribed In the certificate of authority of such Resident Assistant Secretary or (b) duly executed (under seal If requiredl by one or more Attorneys In Fact pursuant to the power prescribed In his or their certificate or certificates of authority This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution is now In full fares and effect VOTED That the signature of each of the following officers Chairman Vice Chairman President Any Executive Vice President Any Group Executive Any Senior Vice President. Any Vice President Any Assistant Vice President Any Secretary Any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys In Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the naturatharaof and any such power of attorney or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Companyand any such powersoexecutt d and cerlifiedbysuchfacsimllesignatureand facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which It Is attached IN WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President and its corporate seal to be hereto affixed this 6th dayof November 19 96 w..0 .� AETNA CA ALTY & SURETY CO PANY OF AMERICA State of Connecticut as Hanford < E By Counryof Hanford sorg romgu Pent Vlae On this 6t h day of November 1B 96 before me personally came GEORGE W THOMPSON to me known who being by me duly sworn did depose and say that he/she Is Vice President of AETNA CASUALTY & SURETY COMPANY OF AMERICA the corporation described in and which executed the above Instrument that he/she knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal and that he/she executed the Bald Instrument on behalf of the corporation by authority of hb/her office under the Standing Resolutions thereof Ofi L� �rosv &� My azmmienon expires Novembe, 30 1998 Noun, Public Rosalind R Christie CERTIFICATE I the undersigned Assistant Secretary of AETNA CASUALTY III, SURETY COMPANY OF AMERICA a stock corporation of the State of Connecticut DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked and furthermore that the Standing Resolutions of the Board of Directors ae eel forth in the Certificate of Authority are now in force Signed and Sealed at the Home Office of the Company in the City of Hanford State of Connecticut Dated this 24th day of January 1997 i By A6= Rose God soufin Assistant Secretary S 2435 (7 951 IIIER107; DUET & HIERIUT, INC: Certificate of Insurance I Ills is III LLrti I Ihat Ila, pAl1LICa et insurance a1Y (1,mutb ll ladow, have 11001119HULd 101110 nlsllfed Ior Whoin 11114 La1111CIlIC IV cXLLlltbd and are III force at this time I his cLrttltcate is lasual lot information only and confers no rights upon the holder I his certdieate neither affirmatively nor negatively amends extends or alters the coverage afforded by such policy(tes) stated hLrcm NAME & ADDRESS Sola Communications, Inc.; S J I, Inc OFINSURED- 124 Toledo Drive Lafayette, LA 70506 CERTIFICATE ISSUED TO CITY OF DENTON ATTN• PURCHASING DEPARTMENT 901B TEXAS STREET DENTON, TX 76201 TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY & TERM COMPANY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY ® U S L &H W C ENDORSEMENT LOUISIANA 8130 STATUTORY ❑ " DEATH ON THE HIGH SEAS ACT EMPLOYERS LIAB $1,000,000 ❑ " ADMIRALTY COVERAGE I INCLUDING 1/I/93 CONTINUOUS MARITIME E L $25,000/25,000 MAINTENANCE & CURE UNTIL CANCELLED ® IN REM" COVERAGE ® WAIVER OF SUBROGATION LOUISIANA WORKERS ® OUTER CONTINENTAL SHELF ACT END COMPENSATION CORP ® ALTERNATE EMPLOYER ILA ONLY) GENERAL LIABILITY GEN AGGREGATE S2,000,000 ® COMPREHENSIVE FORM LOUISIANA & TEXAS PRODUCMS OMP/OPS AGO $1,000,000 ® PREMISES OPERATIONS 660843J6554TIA97 ® EXPLOSION AND COLLAPSE HAZARD PERSONAL& ADVERTISING INJURY $1,000,000 ® UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD EACH OCCURRENCE $1,000,000 10 CONTRACTUAL INSURANCE ® BROAD FORM PROPERTY DAMAGE FIRE DAMAGE (ANY ONE FIRE) $ 50,000 ® INDEPENDENT CONTRACTORS 1/l/971/l/98 ® "IN REM" COVERAGE ® PERSONAL INJURY THE TRAVELERS MEDICAL EXPENSE (ANY ONE PERSON) S 5,000 ® NAMED AS ADDITIONAL INSURED ® WAIVER OF SUBROGATION AUTOMOBILE LIABILITY LOUISIANA ® OWNED 8I0687J8084TIL97 BI & PD COMBINED $1,000,000 ® HIRED TEXAS ® NON OWNED FCAP374FOR4197 ® BLANKET WAIVER OF SUBROGATION ® BLANKET ADDITIONAL ASSURED 1/I/971/l/98 THE TRAVELERS OTHER ® PROTECTION & INDEMNITY OMH7224286 $1.000,000 111/97 1/1198 GREAT AMERICAN INS CO GENERAL DESCRIPTION OF WORK SALES, INSTALLATION AND SERVICE OF ELECTRONIC AND COMMUNICATION EQUIPMENT LOCATION OF WOPX 124 TOLEDO DRIVE LAFAYETTE LA 9203 HWY 23 BELLE CHASSE LA 13269 WEST MAIN, LAROSE, LA. 5377 B RANGELINE ROAD. MOBILE. AL. 7437 THIRD STREET, SABINE, TX. HWY 35 SOUTH PALM HARBOR PLAZA ROCKPORT, TX 1032 LEE ROAD, MORGAN CITY LA. $03 CAJUN DOME BLVD LAFAYETTE LA 319 MECCA DR LAFAYETTE LA 4300 WAYSIDE STE 103 HOUSTON TX 113 PAT STREET, SCOT LA. 117 S. 6TH STREET, LAPORTE. TX -REMARKS ADMIRALTY COVERAGE `N`^LUDDIG MAINTENANCE & CURE & DEATH ON THE 141011 SEAS ACT I9 COVERED UNDER PAI POLICY NO OMH72 4286 CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof the issuing company will endeavor to mad 30 days written the above reamed oini ficate holder but failure to marl such notice shall Impose no obligation or liability of any kind upon the company NAME & ADDRESS OF PRODUCING AGENCY THERIOT, DUET & THERIOT, INC 2100 NORTH FIRST STREET GOLDENMEADOW, LA 70357 By.-MQAZW2,-J AUTHO ESE TIVE January 24, 1997