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Ordinance No. 2002-355 - Change Order to Contract with Verizon
Southwest 11/OS/02
ORDINANCE NO. Z3-4_
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive sealed proposals 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 proposals are
the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted
therefor; 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
"Proposals" attached hereto, are hereby accepted and approved as
being the best responsible proposal for such items:
RFSP ITEM
NUMBER NO. VENDOR AMOUNT
1749 ALL GTE TELEPHONE OPERATIONS $221,502.10
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted proposals, the City accepts the
offer of the persons submitting the proposals 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 Invitations, Proposals,
and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted proposals wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, 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 Proposal and related documents herein
approved and accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted proposals, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposal or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this A!t day of , 1995.
HERBERT L. PROUTY, CITY ATTORNEY
BY: Axl/-4 a Inc, j
DATE: AUGUST 15, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V . Harrell, City Manager
SUBJECT: RFSP #1749 - MAINTENANCE OF TELEPHONE SYSTEM
RECOMMENDATION: We recommend this Request for Sealed Proposals (RFSP) be
awarded to the single respondent, GTE Telephone Operations, in the amount of
$221,502.10.
SUMMARY: This contract award is for a five year period and covers all PABX and
key system telephone equipment maintenance for that period of time. The first three
years the price will be $43, 775.12 per year; year 4 and 5 the price will increase to
$45,088.37 per year. Total obligation is $221,502.10.
This contract is very similar to our existing maintenance agreement; also with GTE.
Data Processing Advisory Board recommends approval.
BACKGROUND: Minutes of August 8, 1995 Data Processing Advisory Board.
PROGRAMS t DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Citizens of
Denton and GTE.
FISCAL IMPACT: Funds for this multi year contract will be expended during the
applicable fiscal year. Funds are currently available for year 1 in the 1994/95
budget.
R ecct/fully submitted:
(/
loyd V . Harrell
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
621.AGBNDA
08/09/95 11:59 '0817 566 8533 City of Denton
[a 001/001
MXNUTES OF
DATA PROCESSING ADVISORY BOARD
MEETING OF AUGUST 8, 1995
MEMBERS PRESRNT: Don. Edwards, Rosa Lawton and Renae Seely, and
Bruce Mitchell
MEMBERS ABSENT: Anthony Hudspeth
QT14MRS PRESENT: Gary Collins and Dave Dickey
Discussions were held in regard to the maintenance agreement with
IBM for mainframe software. Bruce Mitchell expresses he felt that
the amount required was high and that the city should continue to
look for alternatives. There being no real alternatives at this
time, as this is proprietary software. The motion was made by
Bruce Mitchell and second by Rosa Lawton to recommend the City
Council approve the agreement with IBM. Motion passed unanimously.
Discussions were held in regard to the GTE maintenance agreement.
All agreed that using GTE made sense. The comment was made that
the amount being asked by GTE was less than what would be needed to
fund a repair person and a backup and that would not include any
testing and repair equipment at that. The motion was then made by
Bruce Mitchell and second by Don Edwards to recommend the City
Council approved the five year agreement with GTE. The motion
passed unanimously.
Discussions were held in regard to the financial system with AMS on
the LGFS software, Bruce Mitchell expresses he felt that the
amount required was high and that the city should continue to look
for alternatives. There being no real alternatives at this time,
as this is proprietary software the motion was made by Bruce
Mitchell and second by Rosa Lawton to recommend the City Council
approve the agreement with AMS. Motion passed unanimously.
Some time was spent discussing the Information Services Proposed
1995-96 Budget.
There being no further business the meeting was adjourned.
AUG 9 '95 12:00 817 566 8533 PRGE.001
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 15 day of
AUGUST A.D., 19 95 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
GTE SOUTHWEST INC.
500 EAST CARPENTER FREEWAY
IRVING, TEXAS 75062
ATTN: PAT KLINGELHOFFER
of the City of IRVING , County of DALLAS
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:
RFSP #1749 - TELEPHONE SYSTEM MAINTENANCE AS SUBMITTED - PAYMENTS FOR OFFICE
HOUR COVERAGE TO BE MADE ANNUALLY; 1-3 $43,775.12, 4-5 $45,088.37
in the amount of $221,502.10 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
INFORMATION SERVICES STAFF WITH THE CITY OF DENTON
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.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and 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.
i
FOR F.
ra F-A M., "! a � M,
ATTEST:
PPP
- i
APPROVED AS FORM:
C_;�ty Attorney
AAA0184D
Rev. 07 8194
CN:�3
(SEAL)
GTE SOUTHWEST.- INC.
CONTRACTOR
500 EAST CARPENTER FREEWAY
IRVING, TX 75062
MAILING ADDRESS
214-719-3200
PHONE NUMBER
214-717-0204
FAX NUMBER
BY GENERAL MANAGER -BRANCH OPERATIONS
TITLE
SHERYL GOERKE
PRINTED NAME
(SEAL)
1cGv UY;al PAUL✓ 5tAd0AHD ;10-25-85 ; 2;28PM ; 214 717 0204-4 21437390a84 3
Bond No. 325242
PERFORMANCE BOND
STATE OF TEXAS 5
COUNTY OP DENTON S
KNOW ALL MEN BY THESE PRESENTS: That E .soil SST INC
, of the city of _I ENG
County of , and State of TEXAS
as PRINCIPAL, and SEABOARD SURETY COMPANY
, 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 THE CITY OF DEMN
as OWNER, in the penal sum of Two ZgE1nn c]xF Tff.g rm FTVE_
HUNDRED Two and 10/100--------- Dollars ($_.221,SO2.10 j 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 15 day of — AUGuST
19�9�2r for the Construction of RFSF #1749 - TELEPHONE sXSMm —'
�inZ Ti1#NCE AS �uBWtT?'EL> --
Which
contract is hereby ret'erri'i]
to a _
iLa 7z x part hereof as
fully
and to the sane 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 accordina 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
r_urrently 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.
PH - t
BY:ST PAUI/SEABOARD / ;10-25-85 ; 2:29PM ; 214 7/17 0204-4 21437390h ;# 4
PROVIDED FURTHER, that if any legal action be 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 26thday of October
19 95 .
GTE SOUTHWEST, INC.
Principal
nx `�N "Q3--
Title
Branch Operations
Address; 500 E. Carpenter Fi
Irving, Texas 7506,
(SEAL)
SEABOARD SURETY COMPANY
Surety
Melanie Dunbar
Title_ Attorney- n�Fact
Address: 8144 Walnut Hill Lane #1199
—Dallas_ TX Z5231 _
ti
W "
jr-
The name and address of the Resident Agent of Surety is-)
Thomas A. Rogers
8144 Walnut Hill Lan X Z5231
rSkkL)
NOTE: Date of Bond must not be prior to date of Contract.
"AO184D
Rev, 07/28/94
PB — 2
FINANCIAL STATEMENT
DECEMBER 31,1994
Seaboard Surety Company
Administrative Offices:
Bedminster, New Jersey
ASSETS
*Stocks and Bonds ..........................................
$258,952,211
Cash in Office & Banks .................. .......... .....
1,411,604
Accrued Interest ................. _.........................
3,827,478
Outstanding Premiums ....................................
1,332,806
Accounts Receivable .......................................
5,544,430
OtherAssets ....................................................
1,092,043
LIABILITIES
Reserve for Unearned Premiums ..... .......... .......
....... . $66,498,244
Claim Reserve ........... .... ......._.......... .... ........ .......
....... 60,722,115
Other Reserves...........................................................
18,121,647
CapitalStock..............................................................
5,000,000
Surplus.......................................................................
121,808,566
Total Admitted Assets ............................ $272,150,572 Total Liabilities.................................................. $272,150,572
`nonds and stocks are valued on basis approved by National Association of Insurance Conmisstonere
Securities earned at $6,490.905 in the above statement are deposited for the purpose required by law
STATE OF NEW JERSEY
ss.:
COUNTY OFSOMERSET
I, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full,
true and correct copy of the Financial Statement of said Company, as of December 31, 1994
IN WITNESS WHEREOF, I have signed this statement at New York, New York, this .............. 2.6.0............... day of
............I .......October................................................... 19 ....`3.....................
1927
1r Of Nei
Revised Form 157
E
2w 9827
Certified Copy SEABOARD SURETY COMPANY
No 13516 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint Melanie Dunbar or
Virginia Holstine or Tanury yandell or Claudia Chavez
of Dallas, Texas
Its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and
other instruments of similar nature as follows:
Without Limitations
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal, and all the acts of said Attorney -in -Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII, SECTION 1
-Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies. bonds, recognizances, stipulations. consents of surety and underwriting undertakings of the Company. and releases, agreements and other
writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President. a Vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident
Secretary or a Resident Assistant Secretary, or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the
President or a Vice -President to make such signature, or (c) by such other officers or representatives as the Board may from time to time determine
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney- m-fact or representative'
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice -
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .. -.21St ..
day of - - July. _ , 19 95
3ao",
SEAB ARD URETY COMP ,
Attest.By
�e(Seal) __ ssistant Sec etary Vice -President
STATE OF NEW JERSEY ss .
COUNTY OFSOMERSET 95
On this __ 21st- - .._ da of - July 19_ , before me personally appeared
Michael_B.eegan .. _ ._. __ _ .._ .._..- a Vice -President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New,.Jersey
that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument, that he knows the corporate seal of the said Company; 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 Company; and that he signed his name thereto as Vice -President of
said Compan by like authority.
i r NOTARY P�hii[Y
(Seal) " rO ar My Commission Ez-rci t. F,f498 - -
rauc CERTIFICATE
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of
SEABOARD SURETY COMPANY
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board o
Directors o1 SEABOARD SURETY COMPANY at a meeting duly called and held on the 251h day of March 1970
"RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as it such seal and such signature had been manually affixed and made, hereby is
authorized and approved "
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of t95 Company to these presents this
suaf,, 26th day of October 119
p c
" s
m' o
1927 '_ L0.�f� __...-
Assistant Secretary
K t
form 957'Rev 7184i
Fui
RGV BY;ST PAUL/SEABOARD
;10-25-85 ; 2:30PM 214 7117 0204-+ 2143738038;# 5
l
STATE OF TEXAS
COUNTY OF DENTON
PAYMENT BONA
S
Bond No. 325242
KNOW ALL MEN BY THESE PRESENTS: That GTE SOUTHWEST INC.
of the City of IRVING
County of nArLAs and the State of TEXAS
as principal, and SEABOARD SURETY COMPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THS CITY OF DENTON , OWNER, in the penal sum of
TWO 'HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED TWO `d jQ�Z00---
oljars ($221,5)2.10
for the payment whereof, the said Principal and Surety bind
themselves and their heirs,
administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 15 day of AUGUST
19_ 95.
RFSP # 1749 - TELEPHONE SYST2 i MAINTENAhCE AS SUBlTTTED
to which contract is Hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
Now, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PAUL/SEABOARD / ;10-25-95 ; 2:30PM ; 214 717 0204-4 2143738038;$ 5 1
l
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 th day of October
3,9 95
GTE SOUTHWEST INC.
Principal
Manager -Branch Operatio—
Address: 500 E. Carpenter Free,
Irving, Texas 75062
( SEAL)
SEABOARD SURETY COMPANY
Surety
Melanie Du— nbaF
Title Attorney -in -Fact
Address: 8144 Walnut Hill Lane 11199
Dallas, Texas 75231
(sue,)
The name and address of the Resident Agent of Surety
A_ Roqers
8144 Walnut Hill Lane 11199, Dallas, TX 75231
AAA0104D
Rev_ 07/28/94
P8 - 4
FINANCIAL STATEMENT seaboard surety Company
Administrative Offices:
DECEMBER 319 1994 Bedminster, New Jersey
Ilk S S I:TS LIABILITIES
$258,952,21 1 Reserve for Unearned Premiums ..............................
$66,498,244
*SaxF. end 13011ds..._.....
................ 1,411,604 Claim Reserve .......... ........ _....... .._.............................
60,722,115
C'a,h III Office & Banks _...
................ 3,827,479 Other Reserves...........................................................
18,121,647
......
Accreted Interest .......
................ 1,332,806 Capital Stock .... ........ _................ ............. ...... ..........
... 5,000,000
Ounianding Prcnuums.......
................ 5,544,430 Surplus.......................................................................
121,808,566
Accounts Receivable......... -
—
.............. 1,082,043
Other Assets ....._.._....._..
................ $272,150,572 Total Liabilities..................................................
$272,150,572
Total Admitted Assets
by National Association of Insurance Commissioners
fl;ond� anJ ,u,r A. ,tie valued on bads�I'I""`Oil
`ta[ement are dejwomted for the purpose required by law.
Scow mr. cai i,ed at S6 490,905 in d„
STATE 01� NEW JERSI� i ss.:
COUNTY OF SOMERSI' I
of SEABOARD SURETY COMPANY, do hereby certify that the foregoing
is a full,
I, G. F. THOMPSON I wNident
1'tuancial Statement of said Company, as of December 31, 1994
true and correct copy of tlu
t IF' I have signed this statement at New York, New York, this.........26th....................day
of
IN WITNESS WHIilr1'
(tt t:aber...........................................1 19....��......................
_ r-
`� 1927
W
.......... I��r:
Revised Form 157
It
2H- 9828
Certified Copy SEABOARD SURETY COMPANY
No. 13516 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint Melanie Dunbar or
Virginia Holstine or Tanury Yandell or Claudia Chavez
of Dallas, Texas
Its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and
other instruments of similar nature as follows:
Without Limitations
Such Insurance policies, surety bonds, undertakings and Instruments for said purposes, when duly executed by the aforesaid
Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with Its corporate seal, and all the acts of said Attorney -in -Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII. SECTION 1
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds recognaances,stipulations, consents of surely and underwriting undenakingsof the Company, and releases. agreements and other
writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board. the President. a vice -President ora Resident Vice -President and by the Secretary. an Assistant Secretary. a Resident
Secretary or a Resident Assistant Secretary, or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the
President or a Vice -President to make such signature, or (c) by such other officers or representatives as the Board may from time to time determine
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative "
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice -
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of Its Assistant Secretaries, this -.. _21st
day of July -- - .19 95
5� rr,,
;° * Attest SEAB ARD SURETY COMP Y,
By
t Seal
�'� ( (�._ - - - - - - -- Vice -President
°`"t++ ssistant Sec elary
STATE OF NEW JERSEY ss.:
COUNTY OFSOMERSET
On this 21st. day of - July _- .- - . - _ _- 19 95 , before me personally appeared
Michael. B. Keegan _ - .._ - - _-.- a Vice -President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New. ,Jersey ....- ;
that he Is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument; that he knows the corporate seal of the said Company; 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 Company; and that he signed his name thereto as Vice -President of
said Compan by like authority.
NOTARY PUS: C r•::. 1;41
.. r. r
, r:0iA9Y My Commission E�ic. 4,1998(Seal).,,:rr--
....
_ Notary Public
rl,ati� C E R T I F I C A T E
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a full, true and correct copy. is in full force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of
SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970
"RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds. underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as it such seal and such signature had been manually affixed and made, hereby is
authorized and approved "
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of tfte Company to these presents this
S�pr, 26th day of October_. ._ , 19 9�
1927 YG
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I�►7i������.CERT iFICAT ._;, ; tr ['i l�lli � 70
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i - --�— " "• " - ' " " - � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND i
I PACOUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I
_:-HNSON & HIGGINS OF CONNECTICUT ones NoTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE I
STAMFCRD PLAZA
POLICIES BELOW.
1 TIiESSER oL'JD, COMPANIES AFFORDING COVERAGE
STAMFORD, CT 06904-2006
OOMPANY A
LETTER LUMBERMENS MUTUAL CASUALTY COMPANY
COMPANY B LETTER ARABELLA MUTUAL INSURANCE COMPANY
-- - —
INSUREU
G T E SOUTHWEST INCORPORATED COMPANY C
LETTER OLO REPUBLIC INSURANCE COMPANY
GTE CORPORATION COMPANY D
CNE STAMFORD FORUM LETTER NIA �-- ----
STAMFORD, CT 06904 COMPANY E NIA
LETTER —
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(. DV�FIAGE3,,,-.,,„_ .� .w u;-s • e r„ <air.4.<�>s.�ckf Sa <A..<n..v32ls'hU1,�,�,pa%:eroe6F r.8 o.5,r. ..-:{Td�6.Si#s2`* ".o�i�a i�>:FOR THE RAVE THIS
NOTwFRHs ANo(NO ALNYIES OF REOUIREMENT TERM oRDcaNO BELOW
OF ANYNCONTRACT R OISSUED TO THE ITHER DONSURED CUMENT WITH MED ERESPECT TOLWH CH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE. , POLICY E:!PIPATION I UMIIB —
CO , TYPE OF INSURANCE POUCY NUMBER DATE NWODrrn I DATE (MWOO/M I
LTAI 2.000,001)
3YL945140.01 07V01/95 07/01198 OervERAL aOGREGATE s
2000000
A I DEMERAL UASIUTY
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0CMpIOP ADO. i
& AOV, INJURY f
2,000,000
GLAYAS MADE OCCUR.
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50,000
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X XCU LIABILITY
F38003882-01 i 07/01/95
07/01(98 COMBINED SNOLE f
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I
ITENID CERTIFICATE HOLDER,
ITS OFFICD
—
JAILS, AGENTS, EMPLOYEES VOLUNTEERS ARE NAMED A5
AS
DESCRIPTION OF OP[RATIONS/LOCATION9MEHICLF—"PECIAL
BY CONTRACTIS INDEMNITY PROVISIONS.
EVIDENCED
WAIANDVER
COVERAGE CONTAINS WAIVER OF SUBROGATION.
ACDITIONAL INSUREDS WHERE REQUIRED
PESPECTS 5 YEAR MAINTENANCE CONTRACT FOR PABX SYSTEMS.
ITY OF DENTON
215 E. MCKINNEY ..
DEN70N,TX76201
ATTN: GARY COLLINS
AC DAD 25.S (7)`3bj
yANGELL'',ptTIC11(fi ..`.:<;n. ;;:.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 'TO
MAIL 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIN PON THE COMPANY, ITS A(3ENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENt
:: '64COFSI).66PPORATtON 191
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
AH (XIBAI
RINISL) I0112194
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 app►ies 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.
AFF00BA1
REVISED 10/12/94
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:
Ix] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than _
$, __ano,nnoshall 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.
AFF00DA 1
REVISED 10/12/94
Insurance Requirements
Page 4
k] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000 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.
(] 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 1 10.1 10 of the Texas
Worker's Compensation Commission (TWCC).
( ] 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
nrrooen I
REVISED 1011214M
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.
AFFOOBAI
REVISED 10112/94
Insurance Requirements
Page 6
ATTACHMENT 1
[ ] 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 beginrling 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) -
includes 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.
AFFOOBn I
REVISED 10/12/94
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
mail 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.
AFFOOBA 1
REVISED 10/12/94
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 401.01 1(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, a new
certificate of coverage showing extension of coverage] f 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
AFFOOBA1
REVISED 10/12/94
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.
AFFOOBA I
REVISED 10/12/94