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1995-152 FILE REFERENCE FORM I 95-152 I × Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILEtoj Date Initials Ordinance No. 2002-355 - Change Order to Contract with Verizon ~j Southwest 11/05/02 ORDINANCE NO. ~'-'/5~ 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 ~day of ~__, 1995. JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY 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. S~RY: 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, 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.  loydeC.~U~bmitted:. City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 6 21 · AGENDA 05/09/9~ 11:~9 ~'$17 $$6 8~35 City of Denton ~001/001 MINUTES OF DATA PROCESSING ADVISORY BOARD MF ETING OF AUGUST 8, 1995 M~MBERS PRESENT: Don Edwards, Rosa Lawton and Renae Seely, and Bruce Mitchell MEMBERS ABSENT: Anthony Hudspeth OTHERS 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 GT~. 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 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 O1~ DENTON of the County of DENTON and State of Texas, acting through LLOYD V. m~RRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and ~l',: SOuThWEST INC. 500 EAST CArPENTeR FREEWAY IRVING, TEXAS 75062 ATTN: PAT KLINGELHOFFER of the City of IRVING , County of 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 - TR~PHONE SYSTEM MAi~'£~NANCE AS SUBMI'r£~D - PAYMENTS FOR OFFICE ~OUR COVERAGE TO BE MADE ANNU~J~; 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 wITHT~CITYOF 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. ATTEST: . ~ (SEAL) ATTEST: GTE SOUTHWEST~ INC. 500 EAST CARPENTER FREEWAY IRVI~G~ TX 75062 ~ILING ADDRESS APPROVED~S PHONE ~ER F~X N~BER BY GE~E~L ~GER-B~CH OPE~TIO~S SHERYL GOE~E PRINTED ~E A~ (SEAL) AAA0184D / Rev. 0>~8/94~ CA - 3 I~'r';~l PAu-/~b. AiJ0Ah~D ;10-25-~)5 ; 2:28PM ; 214 ?17 0204"* Bond No. 32524;' ?ERFORNIANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That G'_~'~ .~_SOD~iaWEs?...LNC. , of the City of IRVING County of DAn~m$ _, and State of ~EXAS 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 ~"~E CITY OF DENTON as OWNER, in the penal sum of .TWO m3N~Rn TW~.~ Om ~O~.~A~ RUNDRED TWO and 10/100 Dollars ($~221,502.10 ) 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 _ ~5 _ day of ~AUGU___~ST , 19 95, for the construction of __~'st #1749 - TELEP~{ONE SYSTEM ~A___I_N~7{A.N_CE ~ SUB~IT~TSD Which contract ]_s hereby referre<] to and made a part hereof as fully and to the saree extent as if copied at length herein. NOW~ THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, t|]at this bond is executed pursuant to the provisio~s of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and al! liabilities on this bond shall be deter-mined in accordance with $~Jd provisions to the same extent as if they were copied at length h~erein. I~Y:$T PAUL/$EASOAf{D ;10-25-~5 ; 2;2gP~ ; 214 '~17 0204'~ 21437_3Y03~;~ PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, Stat~ of Texas. Surety, for value received, ~tipulate~ 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 ~aid Principal and Surety have signed and sealed this instrument this Z6th day of October 19 95 ' GTE SOUTHWEST, INC. SEABOARD SURETY COMPANY Principal' SUrety anager-Branch Operations Me]anie Dunbar Title. Attorney-i.?Fact Address: 500 E. Carpenter F~ Address: 8144 Wa]nut Hi]] Lane #1199 Irving, Texas 7506; ~Dal las. TX The name and address of the Resident Agent of Surety Thomas A. Rogers 8~44 Wa]nut H~] Lane.. 5~t~ ]]99_ NOTE: Date of Bond must not be prior to date of contract. AAAO184D Rev, 07/28/9¢ PB - 2 FINANCIAL STATEMENT Seaboard Surety Company® Admmls~auve Ofhces: DECEMBER 31, 1994 Bedmlnsier. New Jersey ASSETS LIABILITIES *Stocks and Bonds .......................................... $258,952,211 Reserve for Unearned Premiums ............................... $66,498,2~ Cash in Office & Banks .................................. 1,411,604 Claim Reserve ............................................................ 60,722,115 Accrued lmerest .............................................. 3,827,478 Other Reserves ........................................................... 18,121,647 Omstanding Premiums .................................... 1,332,806 Capital Stock .............................................................. 5,000,000 Accounts Receivable ....................................... 5,5~,430 Su~lus ....................................................................... 121,808,566 Other Assets .................................................... 1,082,~3 Total Admitted Assets ............................ $272,150,572 Total Liabilities .................................................. $272350,572 *Bond~ and ~ock~ are valu~ on bas~s approved by National A~s~ialion of Insurance Commissioners Securmes tamed at $6,490.805 in the above slaiemem are de~sit~ tbr the pu~ose requir~ by law STATE OF NEW JERSEY COUNTY OF SOMERSET I, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and co~ect 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 .............. ~,fiLh ............... day of October 19 95 Revised Form 157 214- 9827 ce ,,,ed 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, const tuted and appointed and by these presents does make, constitute and appoint Melanie Dunbar or Virginia Holstine or Tammy Yandell or Claudia Chavez Dallas, Texas of ~ts 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 w~th its corporate seal; and alt the acts of said Attorney-m-Fact, pursuant to the authority hereby g~ven, are hereby rahfled and conhrmed. Th~s 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 m full force and effect: ARTICLE VII. SECTION 1 · 'Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and inslrumenls relating thereto. ~nsurance pohc~es, bonds, recogmzances, stlpulatlor~s, consents of surety and underwriting undertakl rigs ct the Company. and releases, agreements and other wnhngs relahng in any way thereto or to any claim or loss thereunder, shall be mgned in the name and on behalt of the Company (a) by the Cha~rman of the Board, the Premdent' a V~ce-Prestdent °r a Resident V*oe-Pres~dent and by the Secretary' an Assistant Secretary' a Resident Secretary or a Resident Assistant Secretary, or (b) by an Attorney-~n-Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice President to make such slgnalure; Or (c) by such other Officers Or represenlattves as the Board may from time to t~me determine The seal ct the Company shall IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of ~ts Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ...2tst day o! July .... 19 95  SEABC~ARDISURETY CO M P/~JNYh (Seal) .............. - STATE OF NEW JERSEY ss. COUN~ OF SOMERSET On th~s 21st ... day of . . j~l~, ....... 19 9~.. , before me personally appeared ' ~ch~el B. Ke~ ......... a Vice-President of SEABOARD SURETY COMPANY, w~th whom I am personally acquainted, who, being by me duly sworn, sa~d that he resides in the State of New..~ersey that he ~s a Vice-Pres~dent of SEABOARD SURETY COMPANY, the corporahon 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 ~t was so afhxed by order of the Board of Directors of said Company; and that he signed h~s name thereto as Vice-President of (Seal)~ i' '~*' ):~ ~y Commission [xF;ro~ ~:?:- ~,1998 NotaW Pubhc :_ rustic ~ C E R T I F I C A T E I, lhe undersigned Assistant Secfetary of SEABOARD SURETY COMPANY do hereby cerhfy that the original Power oJ Attorney Ct which the foregoing iS a lull. lr~opy. ~s ~n full force and effect on the date of th~s Cerbflcate and I do lurther certdy that the Vice-President who executed the said Power of Attorney was one of the Ofhcers authonzed by the Board of D~rectors to appoint an attorney-in-fact as prowded in Article VII. Section 1, of the By-Laws of SEABOARD SURETY COMPANY Th~s Cerbhcate may be s~gned and sealed by facsimde under and by authonty of the following resolubon ct the Execuhve Committee of the Board of D~rectors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970 "RESOLVED (2) Thai the use of a pnnled facs~mde of the corporate seal of the Company and ct the s~gnature of an Assistant Secreta~ on any cerbbcat~on of the correctness oJ a copy of an ~nstrument executed by the Premdent or a V~ce-Pres~dent pursuant to Arbcle VII, Sechon 1, Of the By-Laws appo~nhng and aulhonzlng an attorney m-lact to sign m the name and on behalf ct the Company surety bonds, underwribng undertakings or other ~nstruments described ~n said Arhcle Vll, Secbon 1. wdh hke effect as d such seal and such signature had been manually aihxed and made. hereby is aLJthonzed and approved" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ¢ ~ ' ~ ¢ ~ Assmtanl Secretary ~OV ~Y;~T PAUL/SEABOARD ;10-25-95 ; 2:30PM ; 214 717 0204* 2145~088;# 5 ( --- PAYMENT BOND Bond ~1o. STATE OF TEXAS COUNTY OF DENTON KNOW Ar,% MEN BY THESE PRESENTS: That G~E Sou~W~S? INC. of the City of ~RVING County of DAr:nAS _, and the State of ','~xAS as principal, and S~ABOARD SURELY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto _ T~E CITY OF DENT~DN __, OWNER, in the penal sum of for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executoD~, 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 - TELEPRONE SYSTEM MAINTENANCE AS SUBMITTED to which contract is hereby referred to and sade a part hereof as fully and to the same extent as if copied at length herein. HOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and mater~al 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. ....., dY;51PAUL/~EA~OAflD ;10-25-~5 ; 2:30PM ; 21~ 717 0204- 214375g038;~ ·.',. ,. ..,...:,. ~ -- Surety, for value reoeiv~d, stl~ulates and agrees that no change, extension o£ time, alteration or addlt~on to the terms of the contra0t, or to the work perfformed thereunder, or the plans, specl£tcattons, or drawings accompanying the same, shall in any way a£fect 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 per£ormed thereunder. ' IN WITNESS ~Q{EREOF, the said Principal and Surety have signed and sealed this instr,~ent this _~ day of 0ctober 19_95 . GTE SOUTHWEST INC. SEABOARD SURETY COMPANY Principal Surety ~~. ene~ Manager-Branch Operation' Melanie Dunbar Title Attorney-in-Fact Address: 500 E. Carpenter Free% Address: 8144 Walnut Hill Lane #1199 Irving, Texas 75062 Dallas, Texas 75231 (SEAL) (SEAL) '''''~':'' ' ': The name and address of the Resident Agent of Surety i$~~t Yhomas A. Ro§e~s 8144 Walnut Hill Lane ~1199, Dallas, TX 75231 ~L~AOlO4D 07/28/94 PB - 4 Seaboard Surety Company® FINANCIAL STATEMENT adrn,.,sx,al,v. DECEMBER 31, 1994 I~e~m,.~le~, New ,4,Ssi~TS LIABILITIES .............. $258,952,211 Reserve for Unearned Premiums .............................. $66,498,244 ................. 1,411,604 Claim Reserve ............................................................ 60,722,115 (';[Nh Ill ()fl'ICC & Banks ..... ................. 3,827,478 Other Reserves ........................................................... 18,121,647 Accrued lnlmcq ............. 1,332,806 Capital Stock .............................................................. 5,000,000 .................. 5,544,430 Surplus ....................................................................... 121.808.566 Accounts l/.ecetvable ......... 1,082,043 Other Assets .................... $272,150,572 Total Liabilities .................................................. $272,150,572 Tot,d Admmcd Assets .................. qq~ o~ cd by National Associalmn of Insurance Commissioners STATE OF NEW JERSF~ ss.: COUNTY OF SOMERSI' 1 1. G. F. THOMPSON i,,c.ident of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of ~1, kmancial Statement of said Company, as of December 31, 1994 · . 26th a of IN WITNESS WHEll I:t ~l:. [ have signed this statement at New York, New York, thts ....................................... d y · . ,~: : .~: President Revised Form 157 214- 9828 Certi,,ed 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 corporahon of the State of New York, has made, conshtuted and appointed and by these presents does make, constitute and appoint M~lanie Dunbar or Virginia Holstine or Tam~; Yandell or Claudia Chavez of Dallas, Texas ,ts 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 I,i mitations Such ~nsurance policies, surety bonds, undertakings and instruments for smd 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 ofhcers of the Company and sealed w~th ~ts corporate seal; and all the acts of smd Attorney-in-Fact, pursuant to the authority hereby g~ven, are hereby ratified and conhrmed This appointment ~s made pursuant tO the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, w~th 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 recogntzances, shpulahons, consents of surety and underwriting undertakings of the Company, and releases, agreements and other wrlbngs 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 ! he Chairman of the Board, the President. a Vice-President or a Resident Vice President and by the Secretary. an Assistant Secretary. a Resident Secrelery or a Resident Assistant Secretary, or (b) by an Attorney-m-Fact for the Company appointed and authorized by the Chairman of the Board, the Pres~denl or 8 Vice President to make such signature, or (c) by such other ofhcers or representatives as me Board may from hme to brne determine The seal of the Company shall d appropriate be afhxed thereto by any such ofhcer, Attorney-re~Fac! or represenlahve" IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents and ts corporate seal to be hereunto afhxed and duly attested by one of ~ts Assistant Secretaries, this .... 21st. day of July .... 19 95  SEABCIARD ~SURETY CO MPA. NY~ ,'>* Attest .~'~ ~A._~9 . (Seal) ' iy'''~?-~ Vice-Pres,dent STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On th~s 21st .. day of . . .July' ..... 19 95 , before me personally appeared F'Lic~.el B. Koogc3_q ........... a Vice-Pres~dent of SEABOARD SURETY COMPANY. with whom I am personally acquainted, who, being by me duly sworn, smd that he resides ~n the State of New. Jarse;y .... ; that he ~s a V~ce-President of SEABOARD SURETY COMPANY, the corporation described m and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to smd instrument is such corporate seal; that it was so afhxed by order of the Board of Directors of said Company; and that he s~gned h~s name thereto as Vice-President of (S ){ J, ':~-T' j~J My Commiss[on £x,~;ro5 3.:.)t, *;,1998 Notary Pubhc ;>' ru~t,C ~, C E R T I F I C A T E I, the undersigned Ass,stent Secretary of SEABOARD SURETY COMPANY do hereby certdy that the ong,nal Power of Attorney of which the foregom9 ,s a full, t rue and correct Copy. ~s m full force and effect on the date of th~s Cerbhcate and I do further cerbfy that the V~ce-Pres~dent who executed the sa~d Power of Attorney was one Of the Ofbcers authonzed by the Board of D~rectors to appomf an attorney-m-fact as prowded m Arhcle VII, Secbon t, Of the By-Laws of SEABOARD SURETY COMPANY. Th~s Cerhhcate may be s~gned and sealed by lacs~mile under and by authority of the following resoluhOn of the Executwe Commdlee of the Board of D~rectors of SEABOARD SURETY COMPANY at a meehng duly called and held on the 25th day of March 1970 "RESOLVED (2) That the use of a pnnted facs~mde of the corporate seal of the Company and of the s~gnatureof an Assistant Secretary on any cerhhcabon of the Correctness of a copy of an ~nsfrument executed by the Premdent or a V~ce-Pres~dent pursuant to Arbcle Vlt, Secbon 1, of the By-Laws appomhng and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwnling undertakings or other ~nstrumer, ts described ~n sa~d Adicle Vii, Secbon 1. w~th hke effect as d such seal and such s~gnature had been manually affixed and made, hereby is authoozed and approved" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of ~_¢ Company to these presents this ¢ ~ ~ ('~ ~ I Assistant Secretary ~..~t_~/ Fo, m 957 (Rev 7/84) ' ' -' ~ ' -,'~ : -- ' ~,~':-:"- .... · ' .... , 09112./95 . . . -.. ,...,: SURANCE ,.,.: :,- ,: ..-.. ........ n , ___~u ............ ~ I ~'~'~"~'._ :~:;~T~' '~N~ ~m ALT~ ~ COV~ AFF~RD~ BY TH~ ,~,';O STAMFORD 231 TRUSSER BLVD, STAMFORD, CT L~ ~ LUMBERMEN8 MUTUAL CASUAL~ COMPLY COMPANY I~ ARABELLA MUTUAL INSURANCE COMPANY GTE sOUTHWEST [NCORPO~TED , I ~A~ C ,- , ~ OLD REPUBLIC INSU~NCE COMPANY GTE CORPO~TION ~A~ D N/A CNE STAMFORD FORUM STAMFORD, CT 08904 IN~EO. NO~HSTANDING A~ REQUIR~ENT. [~M U ............ ¢ ~A.,~,~e m=e~mlmsn HER~IN 18 SUBECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED ~ ~ Fcm_~.~ ........ ~NnWN ~Y HAVE BEEN REDUCED BY PAID C~[MS. _- ~XCLUS ONS AND CONDITIONS OF SUCH POLI~I:U- CO ~ tNSU~NCE [ POUCY HUMBER DATE A I ~[~ uAmuw 3YL945140-01 7~1~5 17/01~6 GENE~L AOGRE~ pCU~ ~a, s 2,000,omo ~~~R ~~ . 2,000,000 · X XCU LI~ILI~ X ~ ANYAuTO 3~5140~0 ' ~L OWNED AUT~ ~ F3 CO~663-0 ' ~OE ~8,u~ ~ BY 6TA~} ~ p~PER~ DAMAGE X ~ SELF-INSURED - PHYSICAL ~MG : ~CH~U~ENCE ~ Om[A TPAN u~8~ FO?M 07101~5 07101196 [ ~' ~ STA~TO~UMI~ 5BA038070~3 r ' 100,000 A. workeR's CO~NN~ON 5CE94514~8 D~E_~Y UMIT ~ 500,000 ~NB MW~697 tO0.000 O[SCRiP~ONOFOPE~3~N~OCAYIOH~HIC~P~ClR~I~M~ CERTIFICATE EOLDER, [~S OFFICIALS, AGENTS, EMPLOY[ES ANO VOLUNTEERS ARE N~[0 AS ~D~TIONAL ~NSURED5 UHERE REQUIRED ~Y ~TEACT'S I~D~HN[TY PROVISIONS- EV~DENCEO COVERAGE CONTAINS UA~VER OF SUEROGAT[ON- AS PESP~CTS 5 YEAR MAIWTENAHCE CONTRACT FOR PABX - 'Y ' ~ '~" : ....... :'>~ .............. SHOULD ANY OF THE ABO E DESCRIB6O pOLICIES BE CANCELLED ':.;~:BPI~TION BATE THEREOF, THE tSSUING COMPANY WILL END~VOR TO CI~ OF DENTON J~' MAIL 30 _ DAY8 WRI~EN NOTICE TO THE CERTIFICATE HOLDER NAMSD TO THE 2! 5 E. MCKINNEY .: LE~, BUT FAILURE TO MAIL 8UGH ~O~OE 8~LL IMPQ$E NO OBLI~TION OR DENTON, ~ 76201 ': L~BILI~ OF ANY ~N~PON ]HE COMPANY, IT5 AeENT9 OR REPRESENTATIVES 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 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 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 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: e· Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. · All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. · Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. · Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFF00BA! REVISED 10/12194 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 __ $4 ~nnn;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, ope[ations, 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. AFF00BAI REVISED Insurance Requirements Page 4 k] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits {CSL) of not less than $5oo,ooo 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 110.110 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 AFF00BA I REVISED 101121~M Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than "r per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' 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 City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFFOOBA I REVISED 10112104 Insurance Requirements Page 6 ATTACHMENT I [] 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 beginr~i,ng 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. ^EFOOBA I REVISED 10112194 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 ~ervices 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 I REVISED I0112/~)4 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage~j'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 AFF00BA 1 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. AFF0(}BA 1 REVISED 10/12194