1997-167 ORDINANCE NO d~ Q ~ { ~ ~
AN ORDrNaNCE ACCEPT G CO a'ETmVE BIDS AND PROVIDING 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 sohclted, received and tabulated competitive bids for the
construction of pubhc works or improvements in accordance with the procedures of STATE law
and City ordinances, and
WHEREAS, the C~ty Manager or a dastgnated employee has received and recommended that
the herein described Nds are the lowest responmble Nds for the constmcUon of the public works or
improvements described in the Nd mwtat~on, Nd proposals and plans and specfficaUons them~n,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECT. JI3N_I That the follovang competmve Nds for the construction of publ,c works or
~mprovements, as described in the "Bid Invitations", "B~d Proposals" or plans and specfficat, ons on
file ~n the Office of the C~ty's Purchasing Agent filed according to the Nd number assigned hereto,
are hereby accepted and approved as being the lowest responsible Nds
BID
NiJ_MBER. C O_NIRACIDR AMOUNT
2053 TELCOM OF TEXAS $ 32,175 00
SECIIOBLII That the acceptance and approval of the above compet~tlve Nds shall not
constitute a contract between the C~ty and the person submitting the Nd for constmcUon of such
pubhc works or improvements hereto accepted and approved, until such person shall comply with
all reqmrements specified m the Notice to B~dders ~nclud~ng the umely execuuon of a written
contract and fum~shlng of performance and payment bonds, and ~nsurance certfficate after
notfficatmn of the award of the Nd
SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the constmeUon of the pubhc works or ~mprovements ~n accordance
w~th the Nds accepted and approved herein, provided that such contracts are made ~n accordance
w~th the Not~ee to B~dders and B~d Proposals, and documents relating thereto specifying the terms,
conditions, plans and specfficatlons, standards, quantmes and specified sums contained thereto
SECIIOISJ~ That upon acceptance and approval of the above competat~ve b~ds and the
execution of contracts for the pubhc works and ~mprovements as authorized hereto, the C~ty Councd
hereby anthonzes the expenditure of funds ~n the manner and ~n the amount as specffied in such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That flus ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED thls the I~'t~ dayof ~ ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE JUNE 17, 1997
CITY COUNCIL REPORT
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
~: We recommend this bid be awarded to the low bidder, Telcom of Texas, tn the
total amount of $32,175 00
SIJMMAR~' Tlus 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 wlllallow eondmt and
electric dlstnbutton cable to be anstalled without open cutting these streets
Notices to bad were mailed to seventy contractors and responses were received from two
PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Electric Utilities,
Electric Utility Customers C~ttzens of Denton
FISCAL IMPACT.. Budgeted Funds for Underground Construction for 1997 Account #610-103-1031-
9220
Attachments Tabulation Sheet
Respectfully submitted
Katl~ DuBg~e
Execu~e I~lrector of Finance
Prepared by
Name DeniSe Harpool
Title Senior Buyer
Approved
~ Shaw, C P M
Title Purchasing Agent
886 AGENDA
lB-ID # 2053
BID NAME BORE CROSSINGS AT N LOCUST DICKERSON TELCOM OF
OPEN DATE &MAyUNIVERSITY2?, 1997 CONST TEXAS
ILS BORE CROSSING AT N. LOCUST ST $11,125 00 $11,550 00
2 L$ BORE CROSSING AT UNIVERSITY DR $25,656 $20,625 00
TOTAL $36,781 25 $32,175 00
4
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 17 day of
Ju~ A.D., 19 97 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through .r~u BENAVIDES
thereunto duly authorized so to do, hereinafter termed "OWNER," and
T~OM OF TEF~%S { INC.
P.O. BOX 130
WHI~RIG~Tf TX 75491
of the City of WHITEWRI,~-T , County of GI~AYSON
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 % 2Q53 -BORECBOSSINGSAT N. LOCUST &UNIVERSITY
in the amount of ~32f 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 ell materiels, 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 ~.~CT~XC ENGINEERS
all of which are made a part hereof and collectively evidence 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, 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.
t o
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 thes~ presents have
executed this agreement in the year and day first above written.
TELCOM OF TEXAS, INC.
CONTRACTOR
~ILING ~DRESS
F~ ~
TITLE
APPROVED AS TO FORM: (SEAL)
city Attorney :
AAA0184D
Rev. 07/28/94
CA - 3
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 ex,sting
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
Thzs 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 ~s hereby deslgnated by the
Surety here~n as the Reszdent Agent ~n Denton County to whom any
requisite notices may be delivered and on whom service of process may be
had ~n matters arising out of such suretyship, as provided by Article
7 19-1 of the Insurance Code, Vernon's Annotated Clvll Statutes of the
State of Texas
IN WITNESS WHEREOF, this ~nstrument is executed ~n cop~es,
each one of which shall be deemed an original, th~s the day of
, 19
ATTEST PRINCIPAL
BY BY
SECRETARY PRESIDENT
ATTEST SURETY
BY BY
ATTORNEY- IN- FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of
not~ce and service of the process ~s
NAME
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract If Resident Agent
· s not a corporation, g~ve a tlarsl~.Lm name )
[Revised 2/97 \FORMS\PAYMBNT BON
BID ~ 2053
PAYMENT BOND - Page 2
THE STATE OF TEXAS '
,
COLINTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That TELCOM OF TEXAS, whose address
is P.O 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 H~NDRED SEVENTEEN and 50/100 DOLLARS
($3,217.50) plus 10 percent of the stated penal sum as an additional sum
of money representzng additional court expenses, attorneys' fees, and
liquidated damages arising out of or connected with the below Identified
Contract, 1n lawful money of the Un,ted States, to be pa~d 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 sa~d Contract in accordance w~th 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, not~ce 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 f~nal completion and
final acceptance of the Work by the Owner, and, if the Principal shall
fully lnderanlfy and save harmless the Owner from all costs and damages
which Owner may suffer by reason of failure to so perform here~n 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 actaon be faied upon thas Bond,
exclusave venue shall lme in Denton County, State of Texas
AND PROVIDED FLTRTNER, that the saad Surety, for value receaved,
hereby stmpulates and agrees that no change, extension of ~ame,
alterataon or additaon to the terms of the Contract, or to the Work to
be performed thereunder, or to the Plans, Speclfacatlons, Drawmngs, etc ,
accompanying the same, shall an anywise affect its oblagataon on thas
Bond, and it does hereby waive horace of any such change, extensaon of
time, alteration or addition to the terms of the Contract, or to the Work
to be performed thereunder, or to the Plans, Speclfacataons, Drawangs,
etc
This Bond as gaven pursuant to the provasmons of Chapter 2253 of the
Texas Government Code, as amended, and any other applmcable statutes of
the State of Texas
The undersagned and designated agent as hereby designated by the
Surety herein as the Resident Agent mn Denton County to whom any
requasate notices may be delivered and on whom service of process may be
had an matters arasang out of such suretyshmp, as provaded by Artacle
7 19-1 of the Insurance Code, Vernon's Annotated Cmvml Statutes of the
State of Texas
IN WITNESS WHEREOF, thas instrument is executed mn copies,
each one of whach shall be deemed an oraganal, thas the day of
, 19__
ATTEST PRINCIPAL
BY BY
SECRETARY PRESIDENT
ATTEST SURETY
BY BY
ATTORNEY- IN- FACT
The Resmdent Agent of the Surety an Denton County, Texas for delmvery of
notace and service of the process as
NAME
STREET ADDRESS
(NOTE ,Date of Performance Bond must be date of Contract If Resmdent
Agent is not a corporation, give a p~_r~mnts name )
BID # 2053
PERFORMANCE BOND - Page 2
BID NUMBER - 2053 BID PROPOSALS Page 2 of 2
city of Denton, Texas 901 B Texas 8L
Pumflaslng Department Denton, Texas 78201
ITEM DE$CRIFTION QUAN PRICE AMOUNT
l. SO~ CROSSINC, AT NOI~TII LOCUST STP..EET ~;~6~ ~ I $1_1,550 ~ 1,550
2. BORE CROSSING AT UNI¥~TTY DIIIVE /~'~' I $2,0,625 $20,625
TOTALS $: 2,175.0(
we quote the above f o b delivered to Oenton, Texas Shipment can be made In 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 Oenton. Texas within a
reasonable period of time constltuee a contract The completed Bid Proposal must be properly priced, signed and returned
P. O. BOX 130 Telcom of Texas, Inc.
Mailing ~ddreae Bidder
903-364-2144 President
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ia directed to the Insurance requ.rementa 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 aa 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, ell insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract
STANDARD PROVISIONS:
W~thout limiting any of the other obhgat,ons or hah,hr;es of the Contractor, the
Contractor shall provide and ma,ntmn until the contracted work has been completed
and accepted by the C~ty of Denton, Owner, the m~n~mum ~nsurance covetable as
~nd,cated here,nafter
As soon as practicable after not;flcat~on of b,d award, Contractor shall file w;th the
Purchasang Department satisfactory certaficates of insurance, containing the b~d
number and t~tle of the project Contractor may, upon written request to the
Purchas;ng Department, ask for clar,flcatlon of any ;nsurance reclu~rements at any
t~me; however, Contractors are strongly adwsed to make such re(~uests prior to
opemng, s~nce the ~nsurance requirements may not be modified or wa,ved after b,d
opening unless a written exception has been submitted w~th the bid. Contractor shall
not commence any work or del,var any material unt;I he or she receives notification
that the contract has been accepted, approved, and sagned by the City of Denton
All ~nsurance pohc~es proposed or obtmned in satisfaction of these reclu~rements shah
comply w~th the follow~ng general specifications, an(] shall be ma,nta~ned ~n
comphance w~th these general specifications throughout the duration of the Contract,
or longer, ~f so noted.
· Each pohcy shall be ~ssued by a company authonzed to do bus,ness ~n the
State of Texas w~th an A.M Best Company rating of at least A
· Any deductibles or self-,nsured 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-insured retentions w~th respect to the C;ty,
AAA003§0
REV~SEO 10/~2/84 CI - 1
Insurance Requirements
Page 2
offic,als, agents, employees and volunteers; or, the contractor shell procure
a bond guarantee,ng payment of losses and related ~nvestigatlons, claim
adm,nlstratlon and defense expenses.
· Llab~lity pohc~es shall be endorsed to prov;de the following
· · Name as additional ;nsured the C;ty of Denton, ~ts Offic;als, Agents,
Employees and volunteers.
· · That such insurance ~s primary to any other ~nsurance available to the
additional insured w,th respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit ~s brought. The ~ncluslon of more than one
insured shall not operate to ~ncrease the insurer's limit of liability
· All pohcles shall be endorsed to provide thirty(30) days prior written not~ce
of cancellation, non-renewal or reduction in coverage
· Should any of the requ,red ,nsurance be prowded under a claims-made
form, Contractor shall maintain such coverage continuously throughout the
term of th,a contract and, without lapse, for a period of three years beyond
the contract exp,rat~on, such that occurrences ar,sing during the contract
term which g,ve r,se to cia,ms made after expiration of the contract shall
be covered.
· Should any of the requ;red insurance be provided under a form of coverage
that includes a general annual aggregate hm~t providing for claims
investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall e,ther double the occurrence limits or
obta,n Owners and Contractors Protective Llab~hty insurance
· Should any required Insurance lapse during the contract term, requests for
payments or,g,natlng after such lapse shall not be processed until the City
rece,ves satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date If ,nsurance ~s not reinstated, City
may, at ~ts sole option, terminate this agreement effective on the date of
the lapse
AAA00360
REVISED 10112/~4 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply w;th the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the durat;on of the
Contract, or longer, if so noted.
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$!.ooo.ooo.o0 shall be provided and maintained by the contractor The pohcy
shall be written on an occurrence basis either ~n a single policy or ~n a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) ~s used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual I,ablhty
covering this contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, is not required
If the Comprehensive General Llab~hty form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) ~s used, it shall ~nclude at least
· Bodily injury and Property Damage Llab~hty 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)
covenng this contract, personal injury habd,ty and broad form
property damage hab~llty.
AAA00360
.EV~SEO ~o/~2~4 CI - 3
Insurance Requirements
Page 4
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance w~th
Combined Single Limits (CSL) of not less than $1.o0o.ooo.o0elther in a stogie
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 end use of all automobiles and mobile equipment used
in conjunction with th~s contract.
Satisfaction of the above requirement shall be ,n the form of a pohcy
endorsement for
· any auto, or
· all owned, h~red and non-owned autos
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation ~nsurance
which, ~n addition to meeting the minimum statutory requirements for ~ssuance
of such ~nsurance, has Employer's L,ablhty hm~ts of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy I.m~t for
occupational disease. The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all nghts of subrogation against the C.ty,
its 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 prowslons of Attachment I in accordance
w~th §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Comm~ss.on (TWCC)
[ ] Owner's and Contractor's Protect,ve L.abil,ty 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 Liablhty insurance policy naming the C~ty as ~nsured for property
damage and bodily injury which may anse m the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAAOO360
,~'visEo ~o. 2;~ CI - 4
Insurance Reqmrements
Page 5
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's habllity insurance Policy lira,ts will be
at least combined bodily ~njury and property damage per
occurrence with · aggregate.
Fire Damage Legal Liability Insurance
Coverege is requ,red if Broad form General L~ab,hty ,s not provided or ~s
unavmlable to the contractor or ~f a contractor leases or rents a port~on of a
C;ty bu;Id,ng. Lira,ts of not less than each occurrence are required
[ ] Professional Liability Insurance
Professional liab,hty insurance with limits not less than per claim
with respect to negligent acts, errors or omissions m connection w~th
professional services is required under this Agreement
[ ] Bu,lders' Risk Insurance
Budders' Risk Insurance, on an AII-R~sk form for 100% of the completed value
shall be prowded. Such pohcy shall ~nclude as "Named Insured" the C~ty of
Denton and all subcontractors as thmr interests may appear
[ ] Additional Insurance
Other ~nsurance may be required on an ~ndiv,dual bas~s for extra hazardous
contracts and specific service agreements If such additional insurance ~s
requ;red for a specific contract, that requirement w~ll be described m the
"Spec;ftc Conditions" of the contract spec~flcat;ons
AAAO0360
r~'V~SE= ~0~==4 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Building or Construction ProJects for
Governmental Entities
A. Definitions:
Certif,cate of coverage ("cert~ficate")-A copy of a cert;flcate of insurance,
a certificate of author,ty to self-,nsure issued by the comm,ss~on, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation ~nsurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - ~ncludes the time from the begmmng 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 entit~es 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, w~thout hm~tat~on,
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, w~thout limitation, prowdlng, 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 dehvenes, and
delivery of portable to~lets
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and flhng of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011 (44) for all employees of the contractor providing serwces
on the project, for the duration of the prolect
AA~30360
REVISED 10/12/94 (~1 -
6
Insurance Requirements
Rage 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 w~th
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 certifica{es of
coverage showing coverage for 811 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 prolect.
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
mall 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.
7
Insurance Requirements
Page 8
I. The contractor shall contractually requ,re each person w,th whom ~t
contracts to provide services on a project, to.
(1) prov,de coverage, based on proper reporting of class,flcation codes
and payroll amounts and filing of any coverage agreements, wh,ch
meets the statutory requ,rements of Texas Labor Code, Sect,on
401.011 (44) for all of Its employees prov,d,ng serv,ces on the project.
for the duration of the project,
(2) provide to the contractor, prior to that person beg,nn,ng work on the
project, a certificate of coverage show, ng that coverage ,s being
prov,ded for all employees of the person prov,d,ng serv,ces on the
project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage per,od, a new
certificate of coverage show, rig extens,on 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 w,th whom ~t contracts, and prov,de to
the contractor.
(a) a cert,flcate of coverage, prior to the other person beg,nn,ng
work on the project, and
(b) a new certificate of coverage show,ng extens,on of coverage.
prior to the end of the coverage period, if the coverage period
shown on the current cert,flcate of coverage ends dunng the
durat,on of the prolect;
(5} reta,n all requ,red certificates of coverage on file for the duration of
the prolect and for one year thereafter.
(6) not~fy the governmental entity ,n writ,rig by certified mad or personal
dehvery, w,th~n 10 days after the person knew or should have known.
of any change that matenally affects the prows~on of coverage of any
person prov~d,ng serwces on the project, and
AAAO0360
I~'VlSED 1011~¥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 certif,cate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who w,II provide services on the project w~ll
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper report,ng 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, w~th
the commlss,on's Division of Self-Insurance Regulation Providing false or
misleading ~nformatlon may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions .
K. The contractor's failure to comply w~th any of these provisions is a breach
of contract by the contractor which ent~tles 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
AAA00360
~J~FO~D
,
COUNTY OF DENTON '
KNOW ALL MEN BY THESE PRESENTS That TELCOM OF TF.~AS, whose address
Is P 0 BOX 130, %~HIT~WRX~T, TBXAS ~91, herexnaft~r called
and ~~~ a co~oration or~anlzed and exlstin~
sum o~ ~I~~U~ ~ ~F~/100
($32,175.00) plu~ 10 percen~ of the stated penal sum as an aadzt~on=l sum
li~ida~d dmmmM~ azi~znM ~ut of or co~ected with ~he below
cun~xac=, in lmwful money of th= ~ited Ogate~, to be pai~ in Denten
*e hezeby bind ourselves, our heirs, execuuorm, adminimtrat~r~,
successors, ~d amsi~n~, Jointly and ~evcrally, fl~ly by th~e
in no event shall a Change Order or Supplemental Agreement whmch reduces
ghe Contract price decrease ~he penal sum of this Bond
~E OBLIGATION TO PAY S~E is conditioned as follows ~ereas, the
Nu~er 9T-16T, wi~h =he City of D~nton, the O~er, dated the 1T day
~E A D 199T, a copy O= which is hereto attached and made a part
NOW, TMER~FORE, if th= Principal shall well, truly and
perfo~ and fulfill all of the undertakings, coven~=s, te~, con~i:ions
and a~zeements of said Con~ract in accordance wlCh =he Plane,
Speclfication~ and Contract Documen¢s dur~n~ the original =e~ thereof
and any extension thereof which may be granted by the O~er, with or
wx~hou~ notice ~ the Surety, and durln9 the life of any ~uaranty or
Surety bein9 l%ezeby wazv~d, ~d, if ~h~ Principal 0hall repair ~/or
replace all defecL~ due go faulty material~ and workmanmhmp =ha~ appear
wxthtn a period of one (1) year from the date of fmnal completion and
f~nal acceptance of the Work by =he O~er, and, if Uhe Prxncmpal shall
fully inde~t~y and ~ave ha&mlesm the O~er from all cemus and ~amagm~
s~all fully r=l~u~ ~d z=pmy O~r all outlay and c~en~e which the
owner ~ay incur in mmktn~ good any default or defmcmency, then
oDliga=~on shall b= void, oth~i~e, it shall rem=mn xn full force
effect
PERFORCE BO~ - Page 1
&Od S£8S P9£ E06 ON BNOHd SV^BI ~0 WODqBI WOmB
PROVIDED ~URTHER, tha~ if ~ny legal mormon ~e £mlmd upon this
exclusive venue ~hall 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 ~me,
alteration or addition to the terms of the Contract, or to the Work
be performed thereunder, or to the Plans, Specifica=monu, Drawings, ets ,
t~me, al=eraCion o= addition to the ~e~mts of the Con,race, o= =o tbs Work
to be performed ~hereunder, or to the Plans Specif~cations, Drawzngs,
ets
This Bond is given pursuant to the prov~ons of Chapter 2253 of =he
Texas ~v~&~a~nt Co~e, a~ amended, and any other applicable
the State of Texas.
~urety herein as ~he Rcsiden~ A~ent in Denton County to whom any
requ±~ite notices may be dellver~d and on whom serviso of process may be
had ~n ~attere arising out of such suretyship, aa provided by Art~¢le
7 19-1 of the Illsu~ance Code, Vex-r%on's ~%/%notated C1vll Statutes of the
State of Texas
IN WITNBSS WHEREOF, this instrument is executed in , ~ copies,
each one o£ whi=~ shall be deemed an orig%nal, this the )6th day of
, ~9 97
ATTEST PRINCIPAL
/~~ ~ TDlc0m of Texas, Inc.
SECl~TARY 7' P~ES~DEN~T -
ATTEST SURETY
Cap~t~l Indemn~v Coroorat~on
/ , ATTORN~¥~iN_FACT
The Reszden~ Agent o~ ~he Surety in Wlchlta County, Texas for delzvery of
notxse and service o~ the process is
NAM~ Boley Featherst0n Insurance Company
SleET ADDRESS 701Lamar W~ch~taFalls, Tx 76301
(NOI~ Date o~ Performance Bond must be date of Contract
Agent is not a corporation, give a ~e~eon's name )
~ID # 2053
PERFORMANCE BOND - Page 2
80d ~£8S ~9£ ~06 ON BNOHd S~JxBI 40 WODqBI WO~JJ
RA~
THE STATE OF TEXAS '
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That T~LCOM OF T~XAR, whose ad~rsss
is P.O BOX 130, ~ITEWR~T, TEXAS ~491~ h~relnaf~er cal]~ ~r~nciDal,
under the laws o~ che Sta~e of Wlm~AnRln , and ~ully au~ho~e~ to
bo~d Unto the City of Denton, a municipal corporation
~is~Ln~ ~der the laws of the State of Texas hereinafter called O~er,
FI~ and no/100 DOL~S ($~Z,iT~.00) in lawful money ~
States, to be ~aid in Denton Co~y, Tex=m, for ~he paten= of
well and truly to be made, we hereby band our~clvco, our heirs,
executors, admlnis~ra=ors, successors, and assigns, joln=ly and
severally, ~irmly by ~hese ~resents This Bond shall automatically be
incremued by ~he amount of any Change Ordcr or Supplemental Agreement
which increases th~ Cu~tract price, but ~n no event shall a Change Order
or Supplemental A~&~e~%en= which reduces the Contract price decrease the
penal su~ of =his Bond
THE OBLIGATION TO PAY S~Z lm conditione~ ~s follows ~crea~, the
97-1~7, with ~he City of Den=on, the O~er, datcd the 17 day
A D 1997, a copy of which ls hereto attached and made a part hereof, for
BID % 20~3 - BORE CROSSING AT NORTH LOCUST STREET ~ ~I~RBI~ DRi~
uny and =11 duly authorzzed mod~ficat=ons o~ sa~d Con=tact
exclusive venue shall lie i~ Denton County,
~D PROVIDED F~THER, that the said Surety, for value r~ce~ve~
al~erm~ion or add~tlon to the =e~ of the Contract or to ~he Work
perfo~ed ~huAoun~er, or to the Plan~, Specifl~at~ons, Drawings, etc.
accomp~ying nh= ~ame, shall in an~se affect ~t~ obligat~on on this
time, a]~ra=i0~ or addition to the ~s of the Contract, or to the Work
to be perfo~ed theze~der, or to ~he Plan~, Spec~f~cae{ons, DrawingS,
PAYMENT BOND - Page 1
SOd S£8S ~9£ £06 ON BNOHd SUxBI BO WOD]BI WO~d
the State of Texas
The ~nder~l~zled and designated agent ms hereby designated by the
Surety herein as the Resident Agent in D~nton C~ty to whom any
revisits notice~ may bs dullvered and on whom u~ice of process ~y be
had in mat~ers arising out of such suretyship, as provided by Article
7 19-1 of the Insurance Code, Vernon's ~notated Civml S~atutes of the
, lO q7
ATTEST PRINCI PAL
Telcom of Texas, Inc.
BY BY
S~c~T~R¥ --~/ PRESIDENT
ATTEST SURETY
BY' ~ ~ BY <~
/ ~ ATTORNEY-I~-F~CT Stacl Gross
The Resident Agent of the Sure~y ~n~qldqlta County, Texas for dcliw=ry of
no~zce a~d semite of =he process is
N~E. ~ley Fea~erston Ins~ce Co~y
STREET ~DRESS 701 ~ Wlchl~ Falls, TX 76301
(NOTE Date o~ ~a~ent Bond mu~t be da~e of Contract If Resident
PAYMENT BOND - Page 2
90d S£8S ~9£ £06 ON BNOHd S~xBI ~0 WODqBI WO~
INDEMNITY CORPORATION
4610 UNIVERSITYAVENUE 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
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation
of the State of Wisconsin, hawng ~ts pnnc~pal offices m the C~ty of Madison, W~scons~n, does make constitute and appoint
.............. STACI ~ ORO~S, LAURA A ESPINOZA, STEVE DEAL OR DONALBOLEY ..................
~ts true and lawful Attorney(s)-in-fact, to make, execute, seal and dehver for and on ~ts behalf as surety, and as its act
and deed, any and ali bonds, undertakings and contracts of suretyship, prowded that no bond or undertaking or contract
of suretyship executed under this authority shall ~exceed m amount the sum of
............................................... NOTTO ]EXCE]~D $4,000,000,00 ............................................
Th~s Power of Attorney is granted and ~s s~gned and sealed by facsimile under and by the authonty of the following
Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
held on the 5th day of May t960
' RESOLVED, that the President and V~ce President,the Secretary or Treasurer acbng ~nd~wdually or otherwise be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only o1 execubng and attesting bonds and undertakings and other
wnflngs obhgalory in the ~lature t~ere0f one or more resident wce presidents assistant secretaries and attorney(s) in fact each appointee to have
the powers and duties usual [o such offices to the buslr~se of this company the s~gnature of such off~cers and seal of the Company may be afhxed
to any such power DJ attorney Dr to any certlhcate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be vahd and b~ndlng upon the Company and any such power so executed and certlhed by facsimile signatures and
facsimile seal shall be valid and binding upon the Company m the future w~th respect to any bond er undertaking or other wntmg obhgatory m the
nature thereof to which it tS attached Any such appointment r~ay be revoked for cause or without cause by any Of sa~d officers at any time
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
~ts officer undersigned and ~ts corporate seal to be hereto affixed duly attested by ~ts Secretary, this 1 st day of June, 1993
CAPITOL INDEMNITY CORPORATION
U Virg,liae U Schulte, Secretary 2'; ~ ./"Georq?~f.~. Fait, President
STATE OF WISCONSIN
COUNTY OF DANE
On the 1St day of Jun~, A D, 1993, before me personally came George A Fa~t, to me known, who be~ngby me duly
sworn, did depose and say' that he resides in the Count)' of Dane, State of W~sconsm, that he ~s the President of
CAPITOL INDEMNITY CORPORATION, the ¢OrpOrat~on c~escnbed ~n and which executed the above instrument, that
he knows the seal of the said corporatmn; that the seal affixed to sa~d instrument ~s such corporate seal, that it was so
affixed by order of the Board of Directors of sa~corporation and that he s~gned his name thereto by hke order
STATE OFW'S ONS'N }
COUNTY OF DA%IR * * t H
~ Notary Public, Dane Co, WI
CERTIFICATE
I, the undersigned, duly elected to the ofhce stated below, now the ~ncumbent ~n CAPITOL INDEMNITY
CORPORATION, a W~sconsm Co,rporat~on, ~uthonzed to make th~s certd~cate, DO HEREBY CERTIFY that the foregoing
attached Power 'of Attorr)ey remains m full forc~ and has riot been revoked, and furthermore that the Resolution of the
Beard of D~rectors, set fo]th In the Power of Attorney ~s new in force
S gned and sea ad at the C ty of Mad,son Dated the...i,i,lll#/; 6~.~3. day of /.~ ~u~.e/s~,.~.,~,.~ 19 97~//~/~ ,
- CORPOF Paul J Bio'imm{er Treasurer
Thee power e Ca ~d Only If the power of attorney number prtnt~:t in ti' upper rloht hand corner eppoam ~n rod Photo¢o~ee carbon sepses or
other repmdust~ons ~tm ~ot blrtdmg oe~ the company Inquklos eonaermng th~a power et attorney may be O~rected to the Send ManaOer at the Home
Office of the Capitol Indemnity Corporatmon
/
TI~i~ is to Oortlfy that
Telcom Of Texas I LIBE
P O ~Ox 130 Nmrm and M~AT-.~
Wh~tewflght, TX 75491
InsurEd
I_
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~P DA~
tYPE OF POLIOY ~ ~oeo POLIOY NUMBER LIMIT O~ UABIU~
~ ~v ~M
WORKER8 ~e/ea WOT-lel ~684~17 ~n~ou.~nw0 ~P~RS~I~
OOMPENBATION ~wor i~ ~1~ ~A~e ~~nt
~ ;EO0.O00 ;aah
ssoo.o~
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LIABILITY sl,~o,ooo
OWNED 4[6/gn ~2-1g1-~7 F~,
~tor~
HON~WNED
~IW OF DENTON ~ LINDA K BARNES
e~ ~16 E MGKINN~ AUFH~I~D R~IbS~TATIVE
~R DCNTON, ~ T6~1
IRVING .PM (g7~) as~Taee 7/1e/a/
~ ~ ~o~ PHONE NU~E~ DATE Ib~UED