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
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a
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 3 day of June A.D., 2008, by and between
City of Denton of the County of Denton and State of Texas, acting through George C. 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,
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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 %
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1982 O at R,t~ 92 n... y m W. `O M_lE.r
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s a ~ SE AL, o; t,;, .oS 1896
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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
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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