Loading...
1997-009 ORDINANCE NO q 7-OOq AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR SERVICES, PROVIDING FOR THE EXPENDITURE OF FLrNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has sollmted, received and tabulated competitive bids for the purchase of necessary materials, eqmpmant, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION. I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER ]gO_ VENDOR AMOUNT 1972 ALL SOLA COMMUNICATIONS $ 30,419 00 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supphes or services in accordance with the terms, specifications, standards, quantmes and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECIiO]SIiII That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specfficatlons, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Cotmcfl hereby authorizes the expenditure of funds therefor m the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as anthonzed here~n SECIIO3~ That ttus ordinance shall become effective tmmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s ~ day of~, 1997 JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 DATE JANUARY 7, 1997 ~ REPORT TO Mayor and Members of the C~ty Council FROM Ted Benawdes, C~ty Manager SUBJECT BID # 1972 - SPREAD SPECTRUM MICROWAVE RECOMMENDATION We recommend th~s bid be awarded to the lowest bidder, Sola Commumcatmns, ~n the amount of $30,419 00 ~ncludmg installation We also recommend we accept the option to hold pncas firm for one year for subsequent purchase to update our radio communications SUMMARY: This purchase ~s for m~crowave radios and antennas for lnstallatton between the Spencer Power Plant and Lake Lew~swlle Hydro Generating Plant PROGRAMS; DEPARTMENTS OR GROUPS AFFECTEI~ Radio Commumcat~on Division, Electric Production D~wston FISC~ Th~s purchase will be funded from 1996/97 budget funds Account #610-101-1011-3970-9227 Attachments Tabulation Sheet Memorandum dated 12-11-96 from Ray Wells Respectfully submitted Ted Benavldes City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 817 AGENDA 3 ]BID NAME SPREAD SPECTRUM MICROWAVE CORNSTAT SOLA TELCO NO BID OPEN DATE COMMUN4005700 GROUP VENDORS LINK AND RADIOS RSI DECEMBER 101996 AN~T¥ Dr~all~nO~ WNDOR ~ SUPPORT ONLY -$5512~8590000 4 96 O f; t2 ,?1 '32 CITY of DENTON, TEXAS MUNICIPAL BUILDING · 215 E McKINNEY , DENTON, TEXAS 76201 (617) 566.6200 · DFW METRO 434 2529 MEMORANDUM TO: Tom Shaw, Purchasing Agent  FROM: Ray D. Wells, Superintendent of Electric Metering/Communications & Electronics/Substations DATE: December 11, 1996 RE: EVALUATION OF BID $1972, Spread Spectrum Microwave On December 10, 1996, the City of Denton received Bid $1972 for Spread Spectrum Microwave equipment and Installation between Spencer Generating Plant and Lake Lewlsvllle Hydro Generating Plant. We had three (3) vendors responding with qualified bids, they were: Comsat RSI, 2100 Couch Drive, McKlnney, Texas. Responded with a total installed pro]eot cost of $36,917.66. ~ola Communications. Inc, 124 Toledo Drive,, Lafayette, Louisiana. Responded with a total installed project cost of $30,419. The Houston office will perform technical support and installatlon. ~, 801 Greenvlew Drive, Grand Prairie, Texas. Responded wlth a total installed pro]eot cost of $41,266.25. All three responded with the Lynx cp2 radios manufactured by Western Multiplex Corporation. We recommend Sola Communications. Inc as the iow bid meeting all specifications. Per the specifications we further reco~nmend extending a one year agreement for subsequent purchases of Bld equipment and options. Expanded communications requirements to the Hydro Plant associated with TMPA assuming operating control necessitated this system. This Microwave link will extend our Ti network to Lake Lewlsvllle offerlng bandwidth necessary for a telephone at the Hydro Plant and SCADA communications for Denton, TMPA, and Brazos. Other communications possible Include expanded radio communications for safety and automated meter reading. This project is funded from current electric utilities operating funds. cc: Sharon Mays Robert E. Nelson "Dedtcated w Quah~ ~tce" 5 CONTRACT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 7 day of JAm~A~Y A.D., 19 97 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and SOLA COI~UNICATIONS, TNC. 124 TOLEDO DR. LAFAYI~'~"~'~r LA 70506 of the City of LAFAY~.~-r~ , County of LAFAY~'i"r~ and State of LA , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed By OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1972 - SPREAD SPECTRUMMICROWAVELINK&RADIOS in the amount of ~30f419.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRIC DEP~NT # all of which are made a part hereof and collectively evidenc~ and constitute the entire contract. Indenendent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, fort.he purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liabality 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 th~s contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of the~e presents have executed ~his agreement in the year and day first above written. A~TEST= (SEAL) SOLA COI~UNICATIONS, INC. CONTRACTOR 124 Toledo Drive Lafayette, LA 70506 MAILING ADDRESS (318) 232-7039 PHONE NUMBER (318) 235-2799 FAX NUMBER BY ~re~dent TITLE TED J. MILLER PRINTED NAME APPROVED AS TO FORM: (SEAL) City ~c{Orney / AAA0184D Rev. 04/05/96 CA - 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That SOLA CO~4UNICATIONS, INC. , of the City of County of LAFAYETTE , and State of LA as PRINCIPAL, and AETNA CASUALTY & SURETY COMPANY OF AMFNICA , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON as OWNER, in the penal sum of THT~TY THOUSAND FOUR HUNDRED NINETRRW ~nd ,9/100 ................... Dollars ($. 30,419.00 .) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 7 day of JANUARY 19 97 , for the construction of BID % 1972 - SPREAD SPECTRUM MICROWAVE T.T'I~: & ~ADIOS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then th~s obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action b~ filled upon th~s bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and that no change, .x~ension of tim., alteration or addition ~ogr~:terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in an~ way affect its obligation on ~hie bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24TH day of JANUARY , 19 97 SOLA COMMUNICATIONS~ INC AETNA CASUALTY & SURETY COMPANY DF AMERICA Surety Title SECRETAI~Y/TREASURER Title ATTOR~Y IN FACT Address: Address: 124 TOLEDO DRIVE 2100 NORTH FIRST STREET LAFAYETTE, LA 70506 GOLDEN MEADOW, LA 70557 (SEAL) (SEAL) The name and address of the Resident Agent of Surety la: BRUCE C. DeHART ELSEY & ASSOCIATES 8820 WILL CLAYTON PARKWAY~ HUMBLE~ TEXAS 77338 NOTE: Date of Bond must not be prior to date of Contract. A~A0184D Rev. 04/05/96 PB - 2 AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF A'I-FORNEY(S)-IN-FACT PAYM] NT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That SOLA CO~4UNICATIONS, INC. of the City of LAFAY~'~-r~- County of LAFAYETTE , and the State of LA , as principal, and AETNA CASUALTY & SURETY COMPANY 0F AMERICA authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto T"~-CITY OF DENTON , OWNER, in the penal sum of THIRTY THOUSAND FOUR H%r~DRED NINETEEN and no/100-- Dollars ($ 30~419.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 7 day of JANUARY 19 97 . BID # 1972 - SPREAD SPECTRUM MICROWAVE LINK & RADIOS to whloh 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 th~s bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additign to the terms of the contract, or to the work to be performed thereunder. IN WITNESS ~HEREOF, the said Principal and Surety have signed and sealed this instrument this 24TH day of JANUARY 19 97 . SOLA COMMUNICATIONS~ INC ~ AETNA CASUALTY & ~tTR~T¥ COMPANY OF AMERICA Principal Surety Title Title ~ SECRETARY/TREASURER ATTO~EY IN %ACT Address: Address: 124 TOLEDO DRIVE 2100 NORTH FIRST STRF~ET LAFAYFTT_E~ LA 70506 GOLDEN MEADOW. I,A 70q57 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: BRUCE C DeHART ELSEY & ASSOCIATES 8820 WILL CLAYTON PARKWAY; HUMBLE, TEXAS 77338 AAA0184D Rev. 04/05/96 PB - 4 AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford Connecticut 06156 POWER OF ATFORNEY AND CERTIFICATE OF AUTHORITY OF ATrORNEY(S)-IN-FACT KNOWALLMENBYTHEEEPRESEN1'S I~IAT AETNACAeUALTY&SURETYCOMPANYOFAMERICA acorporationdulyorgemzed under thelaws of Go].dan Heado~v LA ,ItstrueendlawfulAttorney(sHnFact wtthfutlpowerandeuthorltyherebyconferted to sign exeoute and acknowledge e any piece within the United States or if the following line be filled in within the area there destg hated , the following instrument{s) by hie~her ~ole signature and act any and all bonds recognizances contracts of Indemnity and other writings obligatow in the nature of a bond end to bind AEI1~IA CASUALTY & SURELY COMPANY OF AMERICA, thereby es fully and to the lame extent ellf the same were signed by the duly CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is h,ghly 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 Iow 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 th,8 contract. STANDARD PROVISIONS: Without limiting any of the other obhgaflons or hab~htles of the Contractor, the Contractor shall provide and ma;nta~n until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the minimum ~nsurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory cert~ficates of ~nsurance, containing the b~d number and t~tle of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any t,me, however, Contractors are strongly advised to make such requests p.or to b~d opening, since the ;nsurance requirements may not be modified or waived after b,d opening unless a written exception has been submitted w~th the b;d Contractor shall not commence any work or deliver any material until he or she rece,ves notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pohcles proposed or obtained m satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance w~th these general specifications throughout the duration of the Contract, or longer, ~f so noted. · Each pohcy shall be issued by a company authorized to do business m the State of Texas w~th an A M Best Company rating of at least ~. · Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If requested by the C~ty, the ~nsurer shall reduce or ehm~nate such deductibles or self-~nsured retentions w~th respect to the City, ~ts AAA00350 1 REVISED 10112/94 [~1 Insurance Requirements Page 2 off,clals, agents, employees and volunteers; or, the contractor shall procure a bond guarantee,ng payment of losses and related ,nvestlgations, claim admlnistrat,on and defense expenses · Liabll,ty policies shall be endorsed to provide the following: · ® Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers · · That such ,nsurance is primary to any other insurance available to the additional ~nsured with respect to claims covered under the policy and that th~s insurance applies separately to each insured against whom claim is made or suit ~s brought. The inclusion of more than one insured shall not operate to increase the ~nsurer'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 ~nsurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which g~ve rise to claims made after expiration of the contract shall be covered · Should any of the required insurance be prowded under a form of coverage that ~ncludes a general annual aggregate hm~t prowdlng for claims investigation or legal defense costs to be ~ncluded ~n the general annual aggregate I~mlt, the contractor shall either double the occurrence I~m~ts or obtain Owners and Contractors Protective L~ab~hty Insurance. · Should any required ~nsurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date If ~nsurance is not reinstated, C~ty may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse AAAO0360 ~-WSED ~o/~2=4 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance policies proposed or obtained in satisfaction of this Contract shall add,tlonally comply with the following marked specifications, and shall be maintained ,n compliance with these add,flonel specifications throughout the duration of the Contract, or longer, if so noted. A. General Liability Insurance: General Llabll,ty insurance with combined single hm~ts of not less than $~,000,000.Q.0shall be prov,ded and maintained by the contractor. The policy shall be wr,tten on an occurrence bas,s either in a single pol,cy or in a combination of underly;ng and umbrella or excess pohmes If the Commercial General Llabihty form (ISO Form CG 0001 current edition) Is used. · Coverage A shall include premises, operations, products, and completed operations, ,ndependent contractors, contractual hab,hty covering th~s contract and broad form property damage coverage · Coverage B shall include personal ~nlury · Coverage C, medical payments, ~s not required If the Comprehensive General Llab~l,ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, It shall ~nclude at least a Bodily injury and Property Damage Llabll,ty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab~t~ty (preferably by endorsement) covenng this contract, personal injury hab~hty and broad form property damage hablllty A~oo3~o CI - 3 REVI~ED 10112/94 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits {CSL} of not less than $50o,000.00, either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily ~njury and properW damage liability arising out of the operation, mmntenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be m the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos ix] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's L|ablhty I,m~ts of at least $100,000 for each accident, 9100,000 per each employee, and a 9500,000 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 C~ty, ~ts officials, agents, employees and volunteers for any work performed for the C~ty 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 end rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Llab;l,ty Insurance The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protective Llab~hty insurance pohcy naming the City as ~nsured for property damage and bodily ~nlury which may ar~se ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 REVISED 10/12/94 CI ' 4, Insurance Requirements Page 5 "occurrence" basis, and the policy shall be Issued by the same ~nsurance company that carries the contractor's liability insurance. Policy limits w, ll be at least . combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liabdity Insurance Coverage is required ~f Broad form General Liability is not provided or ;s unavailable to the contractor or ,f a contractor leases or rents a portion of a C~W building. Limits of not less than each occurrence are required [ } Profess,onal Liability Insurance Professional hablhty insurance w~th bm,ts not less than per c~a~rn with respect to negligent acts, errors or omissions ~n connection w~th professional services ~s required under this Agreement [ ] Bu;Iders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided Such policy shall include as "Named insured" the C~t¥ of Denton and all subcontractors as their interests may appear [ } Additional Insurance Other insurance may be required on an ~nd~wdual bas~s for extra hazardous contracts and specific serwce agreements If such additional insurance is required for a specific contract, that requirement w~ll be descnbed ~n the "Specific Conditions" of the contract speclf,cat~ons ~oo3so CI - 5 REVISED 10112/94 Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Deflmtlons: Certificate of coverage ("certificate")oA copy of a certificate of insurance, a cert,flcate of author,ty to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entlty'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 prolect ("subcontractor" m §406 096) - includes all persons or ent~tles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the contractor and regardless of whether that person has employees. This Includes, w~thout hm,tatlon, ,ndependent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serwces on the project 'Services" include, without hmltat~on, prowdmg, hauhng, or delivering equipment or materials, or providing labor, transportation, or other serwce related to a project "Services" does not include act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehver~es, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and fihng 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 prolect, for the duration of the project AAAO0360 ~=WSEO ~0/~2/~4 CI - 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, pr,or to the end of the coverage period, file a new certificate of coverage w,th the governmental entity showing that coverage has been extended. E The contractor shall obta,n from each person provld,ng services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beg,nning 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, ~f 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 wntlng by certified mall or personal dehvery, wtthln 10 days after the contractor knew or should have known, of any change that materially affects the prows~on of coverage of any person providing services on the project H The contractor shall post on each project s~te a notice, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nforming all persons providing serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAA00360 r~-v~s~o ~o, 2~4 CI - 7 Insurance Requirements Page 8 The contractor shall contractually requ,ra each person w,th whom ,t contracts to provide services on a project, to' (1) prov,de 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 prowdlng 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, 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 ,t contracts, and prowde to the contractor {a) a certlfmate of coverage, prior to the other person begmmng work on the prolect, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ~f the coverage period shown on the current certificate of coverage ends during the duration of the prolect; (5) retain all required certificates of coverage on file for the duration of the prolect and for one year thereafter, {6) notify the governmental entity in writing by certlhed mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the prowslon of coverage of any person prowdlng serwces on the prolect, and AJ~a~OO3EO ~'vm~o ~o/~ ~m4 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person w,th whom ,t contracts, to perform es required by paragraphs (1) - (7), with the certif,cates of coverage to be provided to the person for whom they are prov,ding serv;ces J, By signing this contract or providing or causing to be prov,ded a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who wdl prov,de services on the project w,II be covered by workers' compensation coverage for the duration of the project, that the coverage wdl be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements w, II be filed with the appropriate ~nsurance carrier or, in the case of a self-insured, w,th the commission's Division of Self-Insurance Regular,on Provid,ng false or misleading ~nformation may subject the contractor to adminlstret~ve penalties, criminal penalties, civ,I penalties, or other ciwl actions 4 K The contractor's fmlure to comply w,th any of these provisions ~s a breach of contract by the contractor wh,ch ent;tles the governmental entity to declare the contract void if the contractor does not remedy the breach w~th,n ten days after recmpt of not;ce of breach from the governmental entity AAAO0360 REVISED 10/12/04 CI - 9 BID NUMBER 1972 BID PROPOSALS Page 2 of 2 City of Denton, Texae 901 B Toxae St Purchasing _ _nef~ _~ment Denton, Texas 76201 iTEM DESCRIPTION QUAN PRICE AMOUNT t. MICROWAVE RADIOS (2 IN SERVICE, )- SP-~J[) 3 7_~ ~7401Do00 $7400 each 2. MTCROWAVE kNTENNA, 6 FT. (SFgNCER END) 1 F~ $1820.00 ~1820.0C Hark. Antenna P-24A72GF-1 each 3 MICROWAVE .~1TENNA, 6 ET. (U--~[ END) 1 EA. $1820.00 ~820.0C each 4. .~;TENNA FF. ED LINE 200 FT ;4.50 ;900.00 pet: Please indicate size of line and type ~ndrew 7/8" 5. POWER SUPPLY FOR LAKE LEWISVILLE RADIO 1 EA 8?9,00 $879.00 Best Fortress UPS LI1020BR Power Supply each TOTAL EQUIPMENT 27619.0 RECOMMENDED OPTIONS BELOW INSTALLATION OPTIONS (PLEASE ITEMIZE SEPARATELY) 6 LIMITED INSTALLATION, TECHNICAL SUPPORT ONLY $____ $1200.0 7 "TURN KEY" INSTALLATION (Contract - Bonds and $2800.0 Insurance Requirements will be in effect) TOTALS we quote the above f o b delivered to Denton, Texas Shipment can be made tn 14 days from receipt of order Terms netl30 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 end returned Sola Communications, Inc. Mlckey Marks 124 Toledo Dr~,~hafayette, LA 70506 318-232-7039 Communlcatibns Consultant AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford Connecticut 06156 POWER OF A'I-I'ORNEY AND CERTIFICATE OF AUTHORITY OF ATrORNEY(S)-IN-FACT and to bind AETNA CASUAL~ & 6UREI~ COMPANY OF AMERICA thereby as fullyand to the aame e~lent #1 If the semewem signed by the duly January ~s9 7 IIIERIOI; DUEl'& TIIERiOT, INC Ccrt,hc,ltC of hlstmll~CC coverage afforded by su~ pohoy(t~) s~ heroin NAME & ADD.SS Sola Communications, ~c.; S J I, lac OF INSU~D' 124 Toledo Drive Lafa~e~e, ~ 70506 CERTIFICATE ISSUED TO CITY OF DENTON ATTN' PURCHAS~G DEPARTMENT 90lB TE~S START DENTON, ~ 76201 ?YPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY & TERM~ COMPANY WORKERS* COMPENSATION AND EMPLOYERS' LIABILITY [] U S L &H W C ENDORSEMENT LOUISIANA 8130 STATUTORY [] * DEATH ON THE HIGH SEAS ACT EMPLOYERS LIAB $1,000,000 [] * ADMIRALTY COVERAGE l INCLUDING 1/1/93 CONTINUOUS MARITIME E L $25,000/2S,000 MAINTENANCE & CURE UNTIL CANCELLED [] Hq REM*' COVERAGE [] WAIVER OF SUBRODATION LOUISIANA WORKERS [] OUTER CONTINENTAL SHELF ACT END COMPENSATION CORP [] ALTERNATE EMPLOYER (LAONLY) GENERAL LIABILITY GEN AO~REGA~ $2,000,000 COMPREHENSIVE FORM LOUISIANA & TEXAS ERODUCTS~OMP/OES ^~O $1,000,000 PREMISES OPERATIONS S60843J6554TIA97 EXPLOSION AND COLLAPSE HAZARD PERSONAL & ADVERTISING INJURY $1,000,000 UNDEEOROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD E^CN OCCURRgNC£ $1,000.000 CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE FIRE DAMAGE/ANY ONE FIRE) $ 50,000 INDEPENDENT CONTRACTORS 1/1/97 1/1/98 "IN REM" COVERAGE PERSONAL INJURY THE TRAVELERS MEDICAL EXPENSE (ANY ONE PERSON) $ 5,000 NAMED A~ ADDITIONAL INSURED WAIVER OF SUBROGATION AUTOMOBILE LIABILITY LOUISIANA ~[~ OWNED g 10687JS084TIL97 BI & PD COMBINED $1,000,000 HIRED TEXAS ~1 NON OWNED pCAP374F084197 BLANKET WAIVER OF SUBROGATION [] BLANKET ADDITIONAL ASSURED 1/1/97 1/1/98 THE TRAVELERS OTHER [] PROTECTION&INDEMNITY OMH7224286 $1,000,000 OREAT AMERICAN INS CO GENERAL DESCRIFYION OF WORK SALES, INSTALLATION AND SERVICE OF ELECTRONIC AND COMMUNICATION EQUIPMENT LOCATION OF WORK 124 TOLEDO DRIVE. LAFAYETTE. LA. 9203 HWY. 23, BELLE CHASSE. LA. 13268 WEST MAIN. LAROSE. LA. 5377 B RANOELINE ROAD. MOBILE. AL. 7437 THIRD STREET. SABINE. TX. HWY 35 SOUTH PALM HARBOR PLAZA. ROCKPORT. TX 1032 LEE ROAD. MORGAN CITY. LA. 805 CAJUN DOME BLVD.. LAFAYETTE. LA. 319 MECCA DR. LAFAY {'2 i-i E;. LA. 4300 WAYSIDE STE 103. HOUSTON. TX. 113 {'AT STREET. 3COTT, LA. $17 S. 16TH STREET. LA PORTE. TX POL,CY OMH72 LS NAME & ADDRESS OF PRODUCING AGENCY THERIOT, DUET & THERIOT, INC 2100 NORTH FIRST STREET GOLDEN MEADOW, LA 70357 ~ka[ ~U~laryO~7P,~fi~E SEN~ TI~E