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2008-112ORDINANCE. aOOO'~~~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A BEST VALUE THREE YEAR CONTRACT FOR THE INSTALLATION OF UNDERGROUND CABLE FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3973-THREE YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, TESSCO UTILITY SERVICES, INC., IN THE ESTIMATED ANNUAL AMOUNT OF $2,141,938). WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances based on the best value as determined by using the selection criteria set forth in the request for bids; and WHEREAS, the City's selection committee has reviewed and recommended that the herein described bids are the best value based on the selection criteria for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted; and WHEREAS, the City's Purchasing Agent has determined that the best value bid process provides the best value to the City for this procurement; 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 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the best value based on the selection criteria contained in the request for bids for such items: RFP NUMBER DESCRIPTION VENDOR AMOUNT 3973 Underground Service Installation TESSCO Utility Services, Inc. Exhibit A SECTION 3. By the acceptance and approval of the above 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, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this2 - day of 12008. 0"R iv PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPRO D AS LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 5-ORD- 973 O 01 O W 2 W IL O Q c7 ~w Lx W Z 0 3 Q F m d o °o ° °o ° o 0 o o ° ° ° x 0 0 0 0 0 ° x 0 0 ° ~ o o ° o ° x 0 0 0 0 0 0 0 0 0 0 0 0 ° x 0 0 0 0 0 0 0 0 0 0 0 ° U o o o °0 0 0 0 0 ° ° ° 0 0 0 0 0 0 ° ° x 0 0 0 0 0 0 ° d x N O n N N O O N M ° N , ~ N n N O O O O O o O O O O O O O N ~ N ~ ° 1n W N W N N O O N O O N < O O O N N i N W _ O N O V N M N N M N N W yi r (p p Y M n pmm ~ W N M M ~ (9 Yi W W W W W W W K (9 1A W yi M W H W W W W M Q ~ y ~ m L 9 V 5 q e \ U N w N W N ~ N N N h O N O N N W M O - N N N O O O O O O ° 0 0 0 0 0 0 0 N N ~ N 1~ W N N O O O O O N N to N N N M O N M O N tD OD O N W [V N W N ' t0 N O a N W O Yi W W W M W W Yi M Vi Vi W W Vi Vi M M tli Vi M W W Vi Vi W N N f lL IL IL 4. 44 {i. Y. la. li li IL li. 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Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and TESSCO Utility Services, Inc. PO Box 2048 Andrews. TX 79714 of the City of Andrews, County of Andrews 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 3973 Three Year Contract for Underground Electric Service Installation in the amount of the unit prices shown on the attached proposal page 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA- I 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1%'or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: &A AT1 City of Denton OWNE BY: (SEAL) CONTRACTOR Sow w . S (I s f4✓ , sk /ooo M'J Ia„I TL -79-10- MAILING ADDRESS q32- - 5-23- g4, 85 PHONE NUMBER APPROVED AS TO FORM: Y ATTORNEY 32 - SZ3 - 146 48 MBER B TITLE V, ce- g- C. ZIX"Z> PRINTED NAME (SEAL) CA-4 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That TESSCO Utility Services, Inc. whose address is PO Box 2048 Andrews, TX 79714 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED THOUSAND AND 0/100 DOLLARS $10( 0,000) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-112 with the City of Denton, the Owner, dated the 3rd day of June A.D. 2008, a copy of which is hereto attached and made a part hereof, for Bid 3973 Three year Contract for Underground Electric Service Installation. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: BY: SECRETARY ATTEST: BY: PRINCIPAL BY: PRESIDENT SURETY BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That TESSCO Utility Services, Inc. , whose address is P.O. Box 2048 Andrews, TX 79714 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred io, in the penal sum of ONE HUNDRED THOUSAND AND 0/100DOLLARS ($100,000) 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 2008-112_, with the City of Denton, the Owner, dated the 3rd day of June A.D. 2008_, a copy of which is hereto attached and made a part hereof, for Bid 3973 Three Year Underground Electric Service Installation. 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 to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: BY: SECRETARY ATTEST: BY: PRINCIPAL BY: PRESIDENT SURETY BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised. to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 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. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. 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. CI - 10 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: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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. CI - 11 [X] 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 "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 [ ] Fire Damage Legal Liability Insurance aggregate. 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 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 All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Cl - 12 [ J Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. Cl - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - 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. 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: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. 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, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) 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; Cl - 15 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 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. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) N Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Y EJ N es o B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes E -]No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Y N es o D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date CIQ - I Adopted 06/2912007 CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION BID PROPOSAL . To Denton Municipal Electric For Underground Electric Service Installation In Denton, Texas The undersigned, as bidder, declares that the only person or parties interested.in this proposal as principals are those named herein, that this proposal is made without collusion with -any other person, firm or corporation. The undersigned has also carefully examined the form of the contract, Notice to Bidders, specifications and the construction units therein referred to, and agree to provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction. Denton Municipal Electric will provide all materials required for construction. The undersigned will do all.the work called for in the contract and specifications in the manner prescribed herein and according to the requirements of Denton Municipal Electric as therein set forth. It is understood that the following quantities of work, to be done at unit prices, are only intended to serve as a guide in evaluating the bids, and that this bid will be awarded in its entirety to a single contractor. It is agreed that the quantities of work to be done, will be increased or diminished as may be considered necessary, in the opinion of Denton Municipal Electric. All quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. This contract is not a guarantee of a minimum purchase. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or unit prices, to wit: For evaluation purposes the price for the annual contract for underground electric service installation will be the total evaluated cost from the Bid Proposal page 40. Two Million three hundred and sixty-nine thousand eight hundred and eighty- 2,369,888.00 ) eight dolIPTIte in Words) In submitting this bid, the vendor agrees that acceptance of any or all bid items by Denton Municipal Electric within a reasonable period of time constitutes a contract. The completed Bid Proposal must be properly priced, signed, and returned.' The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of PAGE 37 OF BID # 3973 Bidders Initia,5_~ CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION equipment and all other matters that may be incidental to the work, before submitting a bid.. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be ninety (90) calendar days or until award is made; whichever comes first. The undersigned affirms that they are duly authorized to execute this contract, that this bid has. not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not beeri communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned `affirms that they.have read and do understand the specifications- and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: TESSCO Utility Services,. Inc. P.O. Box 2048 . 609 NW Mustang. Andrews, TX 79714 AUTHORIZED SENTATIVE: Sig a Date Aril 3; 2008 Name George Davis Title Vice President Distribution Tel. No. 432-523-4683 * Fax No. 432-524-9080 Email. Rdavis@tesscousa.com COMPANY IS: Business included in a Corporate Income Tax Return? X YES NO X Corporation organized & existing under the laws of the State of Texas Partnership consisting of Individual trading as X Principal offices are in the city of Midland, TX PAGE 38 OF BID # 3973 CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION Installation Units Descriptions and r uiremenis for installation of units are given in Item Description Unit Excavation and Backftll D1 Trench with Trencher 6" wide by 30" deep D2 Trench with Trencher 6" wide by 48" deep D3 Trench with Trencher 6" wide by 60" deep D4 Trench with Backhoe 18" wide 48" deep D5 Trench with Backhoe 18" wide 60" deep D6 Trench with Backhoe 18" wide 72" deep D7 Trench with Backhoe 18" wide 84" deep D8 Trench with Backhoe 18" wide 96" deep D9 Trench with Backhoe 24" wide 48" deep D10 Trench with Backhoe 24" wide 60" deep D11 Trench with Backhoe 24" wide 72" deep D12 Trench with Backhoe 24" wide 84" deep 513 Trench with Backhoe 24" wide 96" deep D14 Trench with Backhoe 36" wide 48" de D15 Trench with Backhoe 36" wide 60" deep D16 Trench with Backhoe 36" wide 72" de D17 Trench with Backhoe 36" wide 84" deep D18 Trench with Backhoe 36" wide 96" deep D19 Special trencher for trenching in rock, 6" width D20 Rock Adder, Backhoe 18" Width, Cutting & Jack Hammer D21 Rock Adder, Backhoe 24" Width, Cutting & Jack Hammer D22 Rock Adder, Backhoe 36" Width, Gutting & Jack Hammer 523 Rock Adder, Backhoe 18" Width, Large Rock Quantity 524 Rock Adder, Backhoe 24" Width, Large Rock Quantity D25 Rock Adder, Backhoe 36" Width, Large Rock Quantity 526 Hand Digging 12" x 30" deep or less 527 Hand Digging 12" x 31" - 48" deep 528 Concrete Backfill of Trench Excavated by Backhoe D29 Concrete Backfill of 6" Trench D30 Mechanical Tamping of Trench Excavated by Backhoe D31 2" - 4" Thick Asphalt Saw Cut 532 1" - 6" Concrete Saw Cut 533 8"+ Thick Concrete Saw Cut D34 4"+ Asphalt and/or Concrete Saw Cut Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft Ft LF LF LF LF ae s ecttications section. Unit Cost Est. Qty. Evaluated Cost Tz35 2.15 2.25 4.50 5.95 3.23 4.10 5.25 12.00 14.00 8.00 4.50 6.50 60.00 60.00 .75 4.00 6.00 10.00 100,000 5,000 178,000 10,000 30,000 1,000 1,000; 1;000 15.000 1,000 1,000 1,000 1,000 1,000 100 2,000 100 100 100 E 1,000 500 1,000 500 1.200 100 100 100 100 ~-QD 16I57. M 00500.00 77507 M u7juu . M 4500.00 5950.00 X66 61500.00 26250.00 33750.00 8920.00 1200.00 1400.00 6000.00 4000.00 1000.00 4500.00 3250.00 72000.00 20000.00 1500.00 400.00 600.00 1000.00 Page 39 of BID # 3973 CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION E FF Page 40 of BID # 3973 CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION . Installation Units Descriptions and requirements for installation of units are 'ven in the s ecifications section. Item Description Unit Unit Cost Est. Qty. Evaluated Multiple Conduit Installations in 18" to 36" Trench (Continued) Cost CB21 Conduit 2" PVC 45 degree sweep Ea 4.00 20 80 00 CB22 Conduit 2 & 1/2 " PVC 45 degree sweep Ea 4.00 5 . 20 00 CB23 Conduit 3" PVC 45 degree sweep Ea 5 00 1 . CB24 Conduit 4" PVC 45 degree sweep Ea . 6 00 200 5.00 CB25 Conduit 6" PVC 45 degree sweep Ea . 8 00 20 1200.00 CConduit 4" PVC 22 & 1/2 degree sweep Ea . 160.00 27 Conduit 6" PVC 22 & 1/2 degree sweep E 6-00 20 a 8.00 20 160.00 Primarv and Secondary Candnctnr fnctan.1'. CI1 Cable Cu OF SOL 12/2 CI2 , , awg Secondary Cable Al #6 D l Ft .45 10,000 4500.00 C13 . , up ex Cable A] 4/0 4/0 2/0 S d Ft 50 80,000 0000 0 CI4 , econ ary Cable 350 350 4/0 S d Ft .79 90,000 71100.00 CI5 , , , econ ary Cable # 2 Al 15 kV Si l P Ft .95 10,000 9500.00 CI6 , ng e hase Pull Cable # 1/0 AI 15 kV Si l P Ft 70,000 CI7 , ng e hase Pull Cable #4/0 Al 15 kV Si l Ft 10,000 CI8 CI9 C110 , ng e Phase Pull Cable, #2 A] 15 kV Three Phase Pull Cable, #1/0 Al 15 kV Three Phase Pull Cable # 4/0 Al 15 kV Th Ft Ft Ft 2 10 9,000 1,000 2,000 72000-00 4200.00 CI11 , ree Phase Pull Cable 250 MCM C 15 kV Th Ft 2-25 7,000 CI12 CI13 , u ree Phase Pull Cable, 500 MCM Cu 15 kV Three Phase Pull Cable 750 MCM C 15 kV Ft Ft 100 2,000 u4q nn 9000.00 C114 CI15 , u Three Phase Pull Cable, 8 Triplex Cu Install Fault I di t Si l Ft Ft 25 1,000 2,000 800-00 C116 n ca or ng e Phase Install Fault I di t Th Ea 400 rnnn nn n ca or ree Phase Multi le D ct B k T i Set 25.00 100 2500.00 C117 p u an agg ng of Conductors in Multiple Duct Banks (individual conduits and cables shall be included in base bid) Ea 2.00 0.00 Terminations Page 41 of BID # 3973 CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION IN Installation Units Descriptions and requirements for installation of units are given in the s ecificati ons section. Item Description Unit Unit Cost Est. Qty. Evaluated Cost . T15 Termination Rack on a Utility Pole 3 phase # 4/0 Ea 525.00 1 525.00 T16 Termination Rack on a Utility Pole 3 phase 250MCM Ea 1 50. U0 T17 Termination Rack on a Utility Pole 3 phase 500 MCM Ea 850.00 1 850.00 T18 Termination Rack on a Utility Pole 3 phase 750MCM Ea 000.00 1 1000.00 T19 600 - 200 AMP Plug Adapter Ea 35.00 9 315.00 T20 Insulated Plugs/Deadend Plugs Ea 20.00 50 1000.00 T21 - Splice, #2 AL 220 mil 15 kV Ea 5.00 50 3250.00 T22 Splice, #1/0 AL 220 mil 15 kV Ea 75.00 20 1500.00 T23 Splice, #4/0 AL 220 mil 15 kV Ea go-no 25 000.00 T24 Splice, 250 MCM or 4/0 15 kV Ea 25 2375,00 T25 Splice, 500 MCM 15 kV Ea i ?n-nn 30 3600 _ 00 T26 Splice, 750 MCM 15 kV Ea_ 1 135.00 30 4050,00 Arresters Al Arrester Elbow, 10 kV Ea 15.00 200 3000.00 A2 Arrester, Bushing 10 kV Ea 10.00 25 250.00 A3 Arrester, Parking Stand 10 kV Ea 10.00 3 30.00 Manholes and Vaults VI 2 Way Manhole 12'X 12'X 9' with T of Cover Ea 500.00 2 19000.00 V2 4 Way Manhole 12'X 12'X 9' with T of Cover Ea 1 4500.00 3 43500.00 V3 3 Way Manhole 12'X 10'X 9' with 5' of Cover Ea. 1500.00 2 23000.00 V4 Additional foot of cover for 4 Way or 3 Way to 10' Ft 1200.00 1 1200.00 V5 Polymer Concrete Vault 4'W X 4'D x 8'L Surface Mount Ea 325.00 2 650.00 V6 Polymer Concrete Vault 4'W X 4'D x 6'L Surface Mount 'Ea 275.00 2 550.00 V7 Polymer Concrete Vault 4'W X 4'D x 5'L Surface Mount Ea 250.00 2 500.00 V8 Polymer Concrete Vault 4'W X 4'D x 4'L Surface Mount Ea 225.00 2 450.00 V9 Polymer Concrete Box 13"W X 18"D x 24"L Surface Mount Ea 1 90.00 + 12 1080. 0 V10 Polymer Concrete Box 12"W X 12"D x 12"L Surface Mount Ea 75.00 12 900-00 V11 Fiberglass Sleeve, Pri. Connection Cabinet 1 Phase Ea 1 79-00 V12 Fiberglass Sleeve, Pri. Connection Cabinet 3 Phase Ea 125.00 1 125.00 V13 Excavation to Access side of a Manhole Ea 850.00 4 3400.00 V14 Excavation to Access side of a Vault Ea 200.00 2 400.00 V15 6" Conduit Entry into Manhole Ea 175 nn 6 1050 _ 00 V16 4" Conduit Entry into Manhole Ea 150.00 6 900.00 V17 2 1/2" Conduit Entry into Manhole Ea 199-nn 1 6 750.00 V18 2" Conduit-Entry into Manhole Ea ino-nn 6 V19 6" Conduit Entry into Vault Ea inn nn 6 V20 4" Conduit Entry into Vault Ea gn-no 6 480-00 V21 2 1/2" Conduit Entry into Vault a nf) 6 ton nn V22 2" Conduit Entry into Vault ja 60.00 6 V23 Concrete Blocking of Conduits entering a Manhole CY 150.00 70 10500.00 Foundations PI Transformer Pad 48" X 54" Fibercrete Ea 125.00 250 31250.00 P2 Switch Gear Pad Tx Tx 3' Ea 225.00 1 111 2479.nnd Page 42 of BID # 3973 G-R i 0 CITY OF DENTON THREE-YEAR CONTRACT FOR UNDERGROUND ELECTRIC SERVICE INSTALLATION Installation Units Descriptions and requirements for installation of units are given in the specifications section. Item Description Unit Unit Cost Est. Qty. Evaluated - Cost E1 Secondary Connection Pedestal Ea 45.00 E2 Single Phase Transformer on Pad Ea 125.00 E3 Three Phase Transformer on Pad E E4 Switch Gear on Pad - (PME Gear) a Ea 750.00 200.00 E5 Primary 1 Phase Sectionalizing Pedestal on Sleeve Ea E6 Primary 3.Phase Sectionalizing Pedestal on Sleeve Ea 5.00 185 00 E7 Fused Cabinet Ea _ 125.00 E8 Fused Cabinet Sleeve Ea , 115,00 Fiber F1 Place Overhead Fiber Ft F2 Pull Fiber in Conduit Ft - .65 Other 450 20250.00 250 31250.00 4 3000-00 11 2200.00 1 95-00 1 5-00 10 1250.00 10 SL1 20 Ft Concret P l d S SL2 e o e an treet Light, 976 pounds 35 Ft Concrete Pole and Street Light 1,750 pounds Ea Ea 135.00 300 SL3 45 Ft Fiberglass Pole and Street Light Ea 12 Streetlight Poles with either bases or anchor cages on -a25-m- 6 SL4 streetlights Ea 375.00 20 %vrvirn me+otlo+;.... S1 S2 Install 2.5" conduit with underground secondary conductors and ditch warning tape. 60' minimum Additional rice e f t f l ' Ft 2.15 50,000 S3 p p r oo or engths greater than 60 Tri char e f ddi i l Ft 2.05 10,000 S4 p g or a t ona trips after initial trip Bore for service installations (Residential) Trip Ft 150.00 12 - nn 1 3,000 M1 IThree man crew to perform small maintenance jobs HourlY 185 00 25 M2 Three man crew and backhoe to perform small n i it i Jobs Hourly i Qc nn zn 40500.00 2100-00 lQqn-nn 7500.00 107500.00 20500.00 ,so. 00 6r Total Evaluated Cost 3 9$,86 , 0 Number of Licensed Utility/Class A Journeyman available to.DME Number of Crews Available to DME at one time Raw- Provide the following as attachments to this proposal: 1. List of owned equipment and number of full-time personnel employed 2. U.S. Department of Labor OSHA 300 Logs 3. Completed safety record questionnaire 4. Detailed safety program description and manual 5. Three referetices 6. Copy of journeyman certification(s) 7. Completed signature page (pages 37-38) 8. Cashier's check, certified check or acceptable bid bond in an amount not less than 5% of the total bid submitted or $15,000, whichever is less. Page 43 of BID # 3973 Bond No. 105146213 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That TFSSCO Utilitti Services. Inc.✓ whose address is PO Box 2048 Andrews X 79714 hereinafter called Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut , and I'ully 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 coed Owner, in the penal sum of ONE HUNDRED THOIJSAND AND 0/100 DOLLARS 100 000 plus tcn percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2008-112 with the City of Denton, the Owner, dated the 3rd day of June A.D ~ 008, a copy of which is hereto attached and made a part hereof, for Bid 3973 Three year Contract for Underground Electric Sernjce Installation. INOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair an(Vor replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Govemmcnt Code, as amended, and any other applicable statutes of the State of 'T'exas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code. Vernon's Annotated Civil Statutes of the State of Texas. INT WITNESS WI3EREOF, this instrument is executed in four copies. each one of which shall be deemed an original, this the 3rd day of June__,_ 2008 ATTEST: PRTNCIPAL TESSCO Uti Services Inc. Bk: S CRETARY B - - - - - - 7 T1.3ENI - - - - - ATTEST: SURETY Travelers Casualty and Surety C pang of America BY: _ Pat Pinchback, Witness BY: a-«'~XJO> ATTOR.~] ,Y-IN-FAC = Pauline L. Lesc The Resident Agent of the Surety in Denton County, Texas for delivery of notice and servieb of the process is: NAME: Michael Ross STREET ADDRESS- 805 Woodside Court, Highland Village, Texas 75077 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name-) PI3-2 b~`~(ow Bond No. 105146213 PAYMENT BOND STATE OF TEXAS COLP,VTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That _ TF.SSCO Utility Services, Inc.,--< whose address is .O. Bo. 2048 ,Andrews, TX 7971 hereina Trave ers Ca fter called Principal, and -Surety Company _9f Ameri M a > a corporation organized and existing under the laws ofthe State of Connecticut , 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 ONE HUNDRED THOUSAND AND 0/100DOLLAR $100,000 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 2008-112 with the City of Denton, the Owner, dated the 3rd day of June A.D. 2008, copy of which is hereto attached and made apart hereof for Bid 3973 Three Year Underwround Electric Service Installation., 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 to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. N WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 3rd day of June 2008 . ATTEST: A'B Z~-~ EI 4R,-E, RY ATTEST: PRINCIPAL TESSCO Utilit Services Inc. BY. ~c DFNT SURETY )4e _ ~ Travelers Casualty and Surety C~any of America BY: x- - Ioe Pat Pinc ac , Witness BY: ge~~ FauI ne L. LeFA.QT . The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service. Of the process is: NAME: Michael Ross STREET ADDRESS: 805 Woodside Court, Highland Village, Texas 75077 (NOTE: Date of Payment Bond must he date of Contract. If Resident Agent is not a corporation, give u persons name) PB-4 0~'o IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' tell- free telephone number for information or to make a complaint 2t: 1-800-328-2189 You may contact the Texas Department of Insurance 1o, obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475.1771 Web: ht1n:/1www.tdi.state.tx.us E-mail: ConsumerProtection(atdi.stale tx us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-8) Ed. 1018.07 AOW TRAVELERSJ'- IMPORTANT NOTICE TO GIVE !NOTICE OF A CLAIM: You may contact Travelers Casualty & Surety Company of America and its affiliates at: Travelers Bond & Financial Products Attn: Bond Claim 1500 Market Street. Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the bond. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CIA. POWER OF ATTORNEY TRAVELERS .1 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219091 Certificate No. 002295755 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of AmericataMt - corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Clem F. Lesch, Pauline L. Lesch, Steven W. Lewis, Allen Sparks, and Jennifer J. Crane of the City of Dallas , State of Texas , their we and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above. to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted>in anyactions or-proceedings allowed by law. IN WITNESS WHEREOF, the Com anies have caus this instru\m nt-to-be signed and their corporate seals to be hereto affixed, this 27th day of March 008 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty'Insurance C mpany) \7 St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance UnderwAters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GI,SUq ~Tf% tIFF 6 ~.M..~MS 1NS4 tr ANC ' ON o: BAL'State of Connecticut City of Hartford ss. By: Georg 1 Thompson. enior Ice President On this the 27th day of March 2008 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O.TEf v In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June. 2011. O ~LBL~O * Marie C. Tetreault. Notary Public ~s 58440-5-07 Printed in U.S.A. uW WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Vl WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is -ranted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED. that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company. provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is y FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson. the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SuretvFCoin pany.of Ameri ca-and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power-of,Attomeyexecuted by said Companies. which is in full force and effect and has not been revoked. y~ ~ \ 1A I, r 1 ~ IN TESTIMONY IVHEREOF, I have hereunto set my hand and affix✓ed the seals of aid Cbmpanies this 3rd day of June X008 F\ - ~ ~ Kori M. lohans Assistant Secretary GI,SUq~ J StII~FTy~+, FFRE 6 \~N..~NSG j ~NSU9 'LtY 'FNO YA/~ pr.E,oPP1 L I' 'ty FF _ QO: .9 `JP,, qti ,F yJ O` ~11~~f)j qty u S fo O C Z ~tLORPOR, %t P:` RPORq % ° t 9 1982 O at R,t~ 92 n... y m W. `O M_lE.r ~ s t r ~ 977 I d t Z i rF i a° NAHTPoRD~ FLl3IFOtQ ~ ~IIO s a ~ SE AL, o; t,;, .oS 1896 cF"' 1951 N'O ® ° / cottN. 3l caiv. e N 6,SfiAL,•'n( OFtF_N ~Rnuee "'IS•M ANA 1r...~. ra `s! a f f AtN To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER May 09 2008 3:54PM TESSCO (432) 686-8971 p.2 :zs oatif daft is acecuted by Liberty Mahal litsur ee Grow as respects arch iamaenee as is afforded by those campnic& B W,0068 Certificate of Lnsorsmce Mf axafic ft is isaxd as a mattsr of mfmmstioo only and mn5 no righra upon 60 =tifi=e hold er. This oettificm is no on insurance policy end does not aflinmadvoly or naga&* amend, extend, or dur the other &ffim*d by the polices listed below. Policy limns are no lea tbm time listed. ahlimigh policies may iruhtde additional stbliors not listed below. Policy limits nW be reduced by ela®s )r payments. -r as. .u~, wn•,a.au.c at mrY iRm Vf GLiD V~ arL1VIglr r-" Total Electrical Service & Supply Co. t/ 500 W. Illinois, Ste. 1000 Midland, TX 79701 LAW rAV M 1 ~ i~ tM ift 0 is, at the inns; date of this Vie, matted by the Compaty under the pefiey(iea) hsted below. The inaaasov afforded by the listed policy(ics) is axbject to an dicir tams, exclusions and conditions and is tmt elteed by any M h Nlm or caaditioo ofanv camtract car other doaanmt with respect to wbieh this certificare bo issued. Ear irRtion Type Eff1E Dal s Policy Nun s Limits of Liability Continuous` 02/01!2008/02/01/2009 WC6-1 9 1-03693 1-01 8 Coverage afforded under WC law of Employers Liability. Exiended the following states: Bodily ~1ut'Y By Accident X Polity Term Al, FL, 1x6ti MS, NE, )qN t OK, TX S 000,000 ✓ Each Accident t~ aCY Bodily Injury y Disease \ $1,000,000 Policy Lima Workers Compensation f Bodily loju ry By Disease ✓ 51,000,000 Each Person ,OWI/2008 TB2-191A36931-058 GcueralAggrega ther than Prod/Completed Operations General Liability $2,000,000 Products/Com leted O eration A t p p s ggrega e Claims Made S2,000,000 X Occurrence ✓ Bodily Injur and Pro ert Da Li bilit P y p y mage a y er $1,000,000 ✓ Occurrence Retro Date Personal and Advertisin Injur P P I g y er erson $1,000,ODO Organization Other Liability Other Liability 5100,000 Premises Rented 02/01/2008 /02/01/2009 AS2-191-436931-038 Each Accident - Single Limit - B. L and P. D. Combined ~ Automobile Liability $1,000,000 ~ X Owned l Each Person X Non-Own Each Accident or Occurrence X Hired Each Accident or Occurrence Umbrella 02/01 12 008 /0210 1,2109 T112.691-436931-048 $5,0o0,0o0EachOccurrence $5.000,000 General Aggregate 000 000 Aggregm C City o~ f De non Waiver of subrogation provided; Addition a1 Ind vided (excluding Workers' Compensation).`Soth if roquired by written conuacL Umbrella follows the O M»r?' PoI~J >ce W to additional insured. M M E N T S NFORTANT V the catificies holder is an ADDMTONAL INSURED, the policj fm ) man be endarsed A sunwhazit on dim cero.5cate des nor ca far nghm to the «rti5caw holds to lim of stoh esdoncmmt(s). tP SUBROGATION LS WAIVED. mbjea iodm for®:rd eeodidens of the policy, ci=n policies may cagma so endmsement. A aairment on tbu eatidsxa does am confer ri hts to time evtifi e h ld i li f ± g m e o er n eu o sa erdrusemm5 The fdlauing applies o* with rune m imorree for moron crrims reesiced in Fktida• As p waled for in Ma Sta. 6 32n02(5)(e), tie tisaod imtxrrwe policy may rat be cancelled o less ttaa 30 days %noiev notice by the inwter to the Deputremt of Hwy Sd* & bdotor V&jcl s, nob 30 days notice to mramance front date notice is received by the Ocyartinem Notice raeellffios (not smb t nalw a amebw ofdays is am red below). Bdbn the rtnmd egiratio dace the company vill roe sexed a reduce ebe Lrzwz=o alrotded urdw tits above policies arml a hest 10 days trofice of soeh eatcellaeon hu been mailed to Office: Midland. TX Phone 800.831-0427 L'r C' ~i Certificate Holder. LLSLIE MCCULLOUGH Karen Smith Authorized Representative 9C1-B Texas Street Denton, TX 76209 Daft Issued- 05/07/2008 Prepared By. LM