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HomeMy WebLinkAbout1997-167ORDINANCE NO q I l CA 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBE CONTRACTOR AMOUNT 2053 TELCOM OF TEXAS $ 32,175 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the I 1 +k day of _,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY K JA LLER, MAYOR DATE JUNE 17, 1997 � ► : ' 17:71 Y TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID 2053 - BORE CROSSING AT NORTH LOCUST STREET AND UNIVERSITY DRIVE RECOMMENDATION: We recommend this bid be awarded to the low bidder, Telcom of Texas, in the total amount of $32,175 00 5_UMMARY• This bid is for all labor and equipment necessary in boring two crossings under the streets North Locust at Gary Street and West University at the new Braums site These bores will allow conduit and electric distribution cable to be installed without open cutting these streets Notices to bid were mailed to seventy contractors and responses were received from two Electric Distribution, Electric Utilities, FISCAL IMPACT: Budgeted Funds for Underground Construction for 1997 Account #610-103-1031- 9220 Attachments Tabulation Sheet Respectfully submitted 8je Kat Exeector of Finance Prepared by be enise arpoo Title Senior Buyer Approved Name TomNaw, Title Purchasing Agent ura:=zOsulr1 BID # BID NAME OPEN DATE 1 2 2053 BORE CROSSINGS AT N LOCUST & UNIVERSITY MAY 27, 1997 4 DICKERSON TELCOM OF CONST TEXAS VENDOR � VENDOR _ $11,125 00 $11,550 00 $25,656 25 $20,625 00 $36,781 25 I $32,175 00 CONTRACT AGREEMENT 4nr*.�- STATE OF TEXAS COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 17 day of JUNE A.D., 19 97 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and TELCON OF TEXAS, INC. P.O. BOX 130 WHITEWRIGHT, TX 75491 of the City of WHITEWxIGHT , County of GRAYSON and State of TEXAS 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 # 2053 - BORE CROSSINGS AT N. LOCUST S UNIVERSITY in the amount of _ $32, 175.00 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 tM4�'Z�):iA�2u ��72 �:i �'✓,W 4;i �C��.3L���1:'�' �� all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, 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. _FITMIMPTrowl Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and 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. A TEST: APPROVED AS TO FORM: li /,/ City Attorney AAA0184D Rev. 07/28/94 CA - 3 • TELCON OF TEXAS, INC. CONTRACTOR Soo E 400S -7�A/ ,5 + P✓ eq4% % 7Sa 90 MAILING ADDRESS ID3470-5394 PHONE NUMBER c?03 —?70 9Sz� FAX NUMBER 11 BY �%e5 / Dell T TITLE PRINTED XAME (SEAL) THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That TELCON OF TEXAS, whose ad4ress is P 0 BOX 130, WHITEWRIGHT, TEXAS 75491, hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of THIRTY TWO THOUSAND ONE HUNDRED SEVENTY FIVE and no/100 DOLLARS ($32,175.00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-167, with the City of Denton, the Owner, dated the 17 day of JUNE, A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2053 - BORE CROSSING AT NORTH LOCUST STREET AND UNIVERSITY DRIVE. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby 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 to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 This Bond is given 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 herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this the day of , 19 ATTEST PRINCIPAL BY BY SECRETARY ATTEST FF4 PRESIDENT SURETY BY ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract is not a corporation, give a person's name ) [Revised 2/97 \FORMS\PAYMENT BON BID # 2053 PAYMENT BOND - Page 2 If Resident Agent THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That TELCOM OF TEXAS, whose address is P.0 BOX 130, WHITEWRIGHT, TEXAS 75491, hereinafter called Principal, and , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of THREE THOUSAND TWO HUNDRED SEVENTEEN and 50/100 DOLLARS ($3,217.50) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys, fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-167, with the City of Denton, the Owner, dated the 17 day of JUNE A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2053 - BORE CROSSING AT NORTH LOCUST STREET AND UNIVERSITY DRIVE. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc This Bond is given 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 herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this the day of 19 ATTEST BY SECRETARY ATTEST BY PRINCIPAL BY PRESIDENT SURETY BY ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract Agent is not a corporation, give a person's name ) [Revised, 2/971 E \FORMS\PERFORM BON BID # 2053 PERFORMANCE BOND - Page 2 If Resident BID NUMBER - 2053 BID PROPOSALS Page 2 Of 2 City of Denton, Texas 901 B Texas S4 Purohestnn Daoartment Denton. Texas 78201 ITEM DESCRIPTION OUAN PRICE AMOUNT 1. 2. I BORE CROSSING AT NORTH LOCUST STREET %D BORE CROSSING AT UNIVERSITY DRIVE }sr 1 1 $11,550 $20,625 IL1,550 $ 20,625 TOTALS $ 2,175.00 We quote the above f o b delivered to Denton, Texas Shipment can be made In 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 constltues a contract The completed Bid Proposal must be properly priced, signed and returned P. O. Box 130 Melling Address Whtiewright, TX 75491 city state Mp 903-364-2144 Telephone Telcom of Texas, Inc. A Bidder &.1114 Ve �— Signature Presi nue 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 falls 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 AM 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 AAAM350 REVISED 10112/94 Cl - 1 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(30) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required 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 AAA00350 REVISED 10/12/04 Cl - 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. bd A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1.000.000.00 shall 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. AAAW350 REVISED 10/12/04 Cl - 3 Insurance Requirements Page 4 D3 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000.000.0oeither 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 P9 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, $100,000 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 1 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 AAA00360 REVISED 10/12/94 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. [ I 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 building. 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 [ I 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 REVISED 10/12/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [A 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 §406.096) - mcludes all persons or entities 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 AAAW350 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 REMED 10112M CI " 7 Insurance Requirements Page 8 I. 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 AAA00350 REVISED 10/12/04 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 AAA00350 REVISED 10/12/94 Cl - 9 PMFORMAN['S BON➢ THE STATE OF TEXAS COUNTY OF DRNTON KNOW ALL MEN BY THESE PRESENTS That TELCOM OF TEXAS, whose address is P O BOX 130, WHITEWRXGXT, TEXAS 76491, hereinafter called Principal, and Q2= ID i<y rdtrn_ , a corporation organized and existing under the laws of the State of TBXAO and fully authorized to transact business in the SLate of Texas, as Surety, are held and firmly bound unto the C.LLy of Denton, a municipal corporation organized and cxicting under the laws of Lhe State of Texas, hereinafter called Owner, in the penal sum of THIRTY TWO THOUSAND ONE HUNDRED SEVENTY FIVE AND M/100 DOLLARS ($32,175.00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified cuilclact, in lawful money of the United Gtates, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any change Older Or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal centered into a certain Contract, identified by ordinance Number 97-167, with the City of Denton, the owner, dated the 17 day of JUNE A D 1997, a copy of which is hereto attached and made a part hereof, for HID # 2053 - BORE CROSSING AT NORTH LOCUST STRRXT AND UNIVERSITY DRIVE NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said contract in accordance with the Plane, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without uuLiva to the Surety, and during the life of any guaranty or warranty required uuuler L1u4 contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements or dciy aua all duly authorized modifications of said Contra<L Lhac may hereafter be made, notice of which modifications to the Surety bcelttg hereby waived, and, if the Principal shall repair and/or replace all defec-La 1ue to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the owner, and, 1f the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburbe acid repay Owner all outlay and expense which the owner may incur in making good any default or deficiency, then this obligation shall be vuid, otherwise, it shall remain in full force and effect PERFORMANCE BOND - Page 1 Lod S£8S V92 206 ON 3NOHd SN^31 d0 W00131 WOId PROVIDED FURTHER, that if any legal action be fR.led upon this Bond exclusive venue uhall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees chat no change, extension of Sime, alteration or addiLiun to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specificationo, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration ur addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plana Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas ®uveirunont code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of procees may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of Lhn Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in d copies, each one of which shall be deemed an origtinal, this the 26-h day of June 19 97 ATTEST PRINCIPAL Telcom of Texas, Inc. BY BY SEC TARY PRESIDElft ATTEST BY e4 ti'.— SURETY Cqjpitdl Indemni .y CQrpgKation ATTORNEY -IN -FACT The Resident Agent of the Surety in Wichita County, Texas for delivery of notice and service of the process is NAME Boley Featherston Insurance Company SiRhET ADDRESS _701 Lamar Wichita Falls, -Tx 76301 (NOlh Date of Performance Bond must be date of Contract If Resident Agent is not a corpuration, give a pmrBon's name ) (Revised 7/97) S,\PoRNa\9HRHQRN BON HID # 2053 PERFORMANCE BOND - Page 2 00d S£8S b9£ 206 ON 3NOHd Sdx31 d0 W00131 W021d THE STATE OF TEXAS COUNTY OF DENTON xNUW ALL MEN BY THESE PRESENTS That TELCOM OF TEXAS, whose address is 8.0 BOX 130, WHITEWRIGET, TEXAS 75491, hereinafter called Principal, anri (gn17'nl Tndcmnll-v (nrrnrn}inn , a C.Vlyulation ory alai col and existing under the laws Ot the State of W1Rronaln , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter rererred co, in the penal auw vf THIRTY TWO THovaAND ONE HUNDRED SEVENTY FIVE and no/100 DOLLARS ($32,175.00) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly LO be made, we hereby bind oursclvoo, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the CuiiLract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME 15 conditioned as follows Whoreae, the Principal entered 111Lu a certain Contract, identified by Ordinance Number 97-167, wiLh Lhe City of Denton, the owner, dated the 17 day of JUNE, A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2033 - BORE CROSSING AT NORTH LOCUST STREET AND UNIVERSITY DRIVE NOW, THEREFORE, if Lhe Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons firms e ul,c. oi,Lle�lvie, corporations and claimants aupplyina labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void otherwise it shall remain in Cull force and effect PRUv1DiiD FURTHER, L113L it: any legal action be filed on this Bone, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received hereby aLipulates and agr000 that no change, extension of time, alteration or adultion to the terms of the Contract or to the Work Performed LliHLounder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and iL does hereby waive notice of any gltcrh change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed chezeunder, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 Sod S£es 69£ 206 ON 9NOHd SHx31 dO W00731 WObd This Bond in givru, pursuant to the provxnxone of Chapter 2253 of the texas Government. Code, as amended, and any other applicable statutes of the State of Texas The underolyiied and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in d copies, each one of which shall be deemed an original, this the 261-h day of .Tina 10 q,L ATTEST BY 4SEC TARY4 ATTEST BY, 10, PRINCIPAL Telcom of Texas, Inc. BY PRESIDENT SURETY BY (/ 4ATTOIZN'RY-Itacl Gross The Resident Agent of the Surety in Wlciuta county, Texas for delivery of notice and service of the process is NAME, Boley Featherston Insurance Company STREET ADDRESS _701 Lamar Wichita Falls, TX 76301 (NOTE Date oP Payment Bond must be date of Contract It Resident Agent is not a corporation, give a perm on -a name ) (Keviaed 2/91 \N0xM8\PAYM6M' BON BID N 2033 PAYMENT BOND - Page 2 90d S£BS b9£ 206 ON 3NOHd SUx31 d0 W0003i W02d INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900 PHONE (608) 231 4450 • FAX (608) 231 2029 POWER OF ATTORNEY No k40958 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having Its principal offices in the City of Madison, Wisconsin, does make constitute and appoint -------------- STACI T GROSS, LAURA A ESPINOZA, STEVE DEAL OR DONAL BOLEY------------------ its true and lawful Attorneys)-m-fact, to make, execute, seal and deliver for and on Its behalf as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of --------------•----------- -------NOTTO EXCEED$4,000,000,00------------ ----------------- --------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960 ' RESOLVED, that the President and Vice President, the Secretary or Treasurer acting individually or otherwise be and they hereby are granted the power and authorizatkm to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof one or more resident vice presidents assistant secretaries and atiorney(s) in fact each appointee to have the powers and duties usual to such offices to the business of this company the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to whiqh it I$ attached Any such appointment may be revoked for cause or without cause by any of said officers at any time IN WITNE,,$S WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 at day of June, 1993 Attest virgiline U Schulte, Secretary STATE OF WISCONSIN COUNTY OF DANE CAPITOL INDEMNITY CORPORATION SV\�Oe�tHiiiivrr�aN 40-�F GeoFad,Presldent sEAL W,SCON+� ummim On the 1 at day of June, A D , 199�1, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say' that he resides in the Count of Dane, State of Wisconsin, that he is the President of CAPITOL INDEMNITY CORPORATION, the Corporation described in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said�corporation and that he signed his name Sthereto by like order Eao 11011//Oiy� STATE OF WISCONSIN q"� s� i 1 n PETER / JIr a Peter E Hans COUNTY OF DANE Ana Notary Public, Dane co , wi t "uAnr.u1`\� My Commission is Permanent '�irunmm CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full forcip and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force Signed and sealed at the City of Madison Dated the 26th day of "1311 e _ 19 97 �euunnux y,NITMr0oCORPORATSEAL � Treasurer Wis ON N tlt111111 heThis power Is valid only It the power of attorney number printed inn the upper fight hand corner appears in red Photocopies carbon copies or other reproductions Ore not binding on the company Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation CCtIlIiAALO OF IRewrari4C Tllla 1 herlrlCAT1 IF ISAtim As A MATThN ut INPDMfATION ONI V AND (,%MI1UW Nn R16FR4 UPON YOU II II 1-UMMMATU INN MR. 111In PrRTICICATQ M New _AAINRUKANLI PDIKYANUUULINI I I AnIAN-Drrxrl NO nR At l I1RTIIrcoyillACIAFRINnI nNi I HBIOITMU41 IrIh I I nFfm ThIp is to Certify that Teicom of Texsa P O Box 130 Whltewright, TX 75491 Narne and 41-- address of Insured 1 at I—theladate of this oertlliWte, Insured by the Cornponthe y urMerpopoy(w I sue ) listed below The ouuranss affordod by the llated 1 orirQasl la euhieat ball their OXCWplena and Condhprla wiU bl nut rJMrod by my Tequila T arl4 perm or condition of any uontrrwt or other doaumanl w@I mopent W Uh dde "Afloata maybe 69P DATE • U CONIINUUUU rypF OF POLICY C7 CXTENDED POLICY NUMBER LIMIT OF LIABILITY WORKERS 4/6/98 W07-191083684-017 COVFRAOFAFFORt1EDuNUEnwf EMPtAYERSLIABILITY COMPENSATION LAW Or I Nt KALWVINO 6TATCe eodlN lrllulY@v Aooktant OENERAL LIABILITY `9 OOOURRENOE I CLAIMS MADE AUTOMOBILE LIABILITY OWNED 9 NON -OWNED 4 HIRED fR� IMBRELLA EXCE88 4/0108 RETRO DATE 4/6/98 4/e/ee r141S1 $600.000 S600,0Do YY2-181.083884.097 ProdafeCWnpNbdOl»retleneAWra9Ne $1,000,000 _ 11Wnluryand PmPorNDnmaffa Llobplry For $1,000,000 ParaonW arld AdWxses10 hI)Itry �— r Poili $1,000,000 nNl Otil.r mit —' $1,000,000 6,1� PD Qom�WledU AS2-191-088684-027 Fad, Paraort Each Asaldent or Oocumtnea — Each AtsllentsrOeourrerM Y NN,rrypNAWe. AeNeeMLN4RN1Y&AaiPgnMaeU W LISNeRu Tetalr(onuxrrMNARocucloenAeRareo orauneNSA THi-101.097664-077 9MMlT Y,,,,'A,M, N1Ne AYMeMR,M —_ Uln CORRaRe eAplrubn cue le ROMlnucxNl or pclolNlad I.ml, You will ba roep0tl p ooYora9a to lunnelmed or red— aMCro Rw--Z;;10 -WffiJlon data — ln1AL Non eR-0HN)I ANY r LIEF U I OrlNNpya Ne 7NAT HA IB rACILITAATNO FRAUD ACINNBT AN INaIKiLR 6UaWT1i APPLICAnatI OR rwe A pnV, aTA'rENQiT 0 OUILTY CIF IWANCCrki MW Liberty Mutual GTouP II65 CP am (NOT APPLR7AWX UTA PRR'ANUMWRO omiDnER00eELOW4 ObFORE J bTA IHAIIONOAYe TMCLIMPANYWNI NOTOAMICLOR THE WBUMNf:E AFFOROeD �fh11 TN awL POI Imatl UMIL Ar LCA IID OAYB JJJ, WE OF aunt) �"� Q J JS aA4tft..J _ F CITY OF DENTON LINDDALLKBARNES Z16 E MCK114NEY Ipp � UCNTON, Tx 7RP01 AUfHORI$D REPNhaENTATIVE L J IRVING -PM (972) 630-7890 7/16/9f — OFFICE PHONE NUMBER DATFIbHUED � �,rlllh IA I, I LY umd by 110Ep ry AIU I UAI r NOUI' nv naFAYM+ndl bwtlmntt YA b ArhmA,nl N) Thnrn CmN,xN+Lr �J 09 77-1 112 Z0d S£8S 69£ 206 ON EINOHd Swx9i d0 N00-l91 WOad