2003-317ORmNANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PHASE ONE OF A
WIRELESS NETWORK SYSTEM FOR THE CITY OF DENTON WATER PRODUCTION
PLANTS AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT
COMMISSION THROUGH THE CATALOG INFORMATION SERVICE VENDOR (CISV)
CATALOG PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (FILE 3057-PURCHASE OF WIRELESS NETWORK
SYSTEM AWARDED TO JOHNSON TECHNICAL SERVICES, INC. IN THE AMOUNT OF
$106,624.10).
WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92-
019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083
of the Texas Local Government Code which authorizes the Cityto participate in the State Purchasing
Building and Procurement Commission Information Service Vendor Catalog Purchase Method
provided for in Subchapter B of Chapter 2157 of the Texas Govemment Code (the "CISV Catalog");
and
WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog and the
contract authorized by this ordinance is in the best interests of the City and complies with the
requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CISV Catalog
purchase; 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 numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3057 Johnson Technical Services, Inc. $106,624.10
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building
and Procurement Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained in
the Proposal submitted to the Building and Procurement Commission, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set forth in the
subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved purchase orders or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ~ day of /~/~ ,2003.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
3-ORD-File 3057
D~seription $ Ex't $
LLWPP to NWEST Licensed, Microwave System
Project management, engineerint, permits, fees and bond eosts $5,150.00
100 Mbps Full Duplex Microwave System, including radios, $45,381.00
antennas, transmission lines, testing
Installation of llc~sed microwave system at LLW'PP and $5,107.50
NWEST, including mounts & brackets, labor for iaatallation and
ali~n antenn~n
Equipment rack at top of NWEST tank (for all systems), includes' $2,812.40
rack, UPS system, mRn~d Etheraet switch, labor
3 year Factory maintenance program to provide support and NBD .$4,822.20
(Next Business Day) replacement radio ~uipment
Subtotal for Licensed Link between LLWPP and NWEST $636173.10
NWEST to LRRWPP Unlicensed System
Unlicensed microwave system~ including radios, antennan~ $17,852.00
transmission lines, cabinet at LRRWPP with managed Ethernet
switch
Tower option one at LRRWPP - Steel pole installed next to $10,300.00
building, allows radio ecluipment to be imtalled inside building,.
Tower option two at LRRWPP - self standing traditional tower, $16,462.00
outside equipment cabinet, conduit to building for power and
sienna1
inflation of uuiiccnsed microwave system, includln~ mounts & $6,015.00
brackets, labor t~ installation and align antenn~. Includes SO
cable to pov~r ecluipm~nt rack.
3 year Factory maintenance program to p~ovide support and NBD $3,022.00
(Next Business Day) replacement radio equipment
Subtof~al for NWEST to LRRWPP with ste.~l pole $37~189.00
Subtotal for ~T to LRRgYPP with traditional tower $43,351.00
Phase One enst with stol pole option at LKRWPP $100~462.10
Phase One cost with traditional tower option at LRR Y~P $106, 624.10
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT~ made and entered into this 7th
A.D.~ 2003~ by and between
and State of Texas~ acting through
hereinafter termed !'OWNER," and
__.day of October
City of Denton of the County of Denton
Michael A. Conduff thereunto duly authorized so to do,
Johnston Technical Services, Inc.
· 2877 Freeway
Dallas, TX 75234
of the City of Denton ' . (County of Denton and State of Texas., hereinafter
CONTRACTOR .
termed" ." ,: .'.~i'
WITNESSETH: That for and in;e0mlderation 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 i agrees .with OWNER to commence and complete
performance of the work specified below: : .' '"
RFP 3057 - Phase I - purchase of a Wireless Network System
in the amount of $106,624.10 and all extra work in connection therewith, under the terms as stated
in the General Conditions of the. agreement?and at his (or their) own proper cost and expense to
furnish all m~iterials~ stlpp~§~:'maelfifie~,., eqtfipment~ tools( superintendence, labor, insurance, and
other accessories and Services nece~Sat~tb~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 the 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 of Denton
all of which are referenced herein and made a part hereof and collectively evidence and constitute
the entire contract. ' ': ~'
CA-1
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 proposes 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 perfonn 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, f~om 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 ot~t 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
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
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day, first above written.
City of Denton
ATTEST:
(s~.~)
CC¢ r CTOR
MAILING ADDRESS
BY:
PHONE NUMBER
FAX NUM2BER
TITLE
APPROVED AS TO FORM:
PRINTED NAME
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Johnston Technical Services, Inc./
whose addr~s is 2877 LBJ Freeway, Dallas, TX, herein called Principle, and SureTec Insurance
Company,'/corporation organized and existing under the laws of the State of Texas , and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State of
Texas, hereinafter called Owner, in the pe.~aal sum of One ~undred Six Thousand Six Hundred
Twenty Four and Ten Cents DOLLARS~($106,624.10 ~51~us ten percent oft. he 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 2003-317 with the City of Denton,
the Owner, dated the 7th day of October A.D. 2003 ,~acopy of which is hereto attached and
made a part hereof, for RFP 3057 - Phase I - Purchase of Wireless Network System.~
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 t he Plans, Specifications a nd Contract Documents dudng t he original t erin t hereof 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 one (1) year 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 shah 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 - I
PROVIDED FURTHER, that if any legal action be filed upon tiffs 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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 7th day of October, 2003.~,/
AmST: /
PRINCIPAL
Johnston Technic_~al S, er~i/es~
Inc.
ATTEST: SURETY
SureTec Insurance Company
ATTORNEY-IN-FACT
Pauline L. Lesch
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
PCL CONTRACT BONDING AGENCY
STREET ADDRESS: 417 Oakbend Drive, #150, Lewisville, TX 75067
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a
person's name.)
PB - 2
BOND NO. 2002586
PAYMENT BOND
STATE OF TEXAS
COUNTY OFDENTON §
KNOW ALL MEN BY THESE PRESENTS: That Johnston Technical Services, Inc.,,v'~
whose address is 2877 LBJ Freeway, Dallas, TX 75234
, hereinafter called Principal, and SureTec Insurance Company,.,,''~ , a corporation
organized and existing under the laws of the State of Texas , and fully authorized to
transact business in the State of Texas, as Surety, are held and firmly bound unto the City of
Denton, a municipal corporation organized and existing under the laws of the State of Texas,
hereinafter called Owner, 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 Six Thousand, Six Hundred Twenty Four and Ten Cents
DOLLARS~ 106,624.100F~ lawful money of the United States, to be paid in Denton, County,
Texas, for the payment o f 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 2003.~ 317, with the City of
Denton, the Owner, dated the 7th day of October . A.D. 2003, l,/a, a copy of which is hereto
attached and made a part hereof, for RFP 3057 - Phase I - Purchase of Wirelsss Network System. ~
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 al1
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 Govermuent
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, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is execut/e.d in _4 copies, each one of which shall
be deemed an original, this the 7th day of October., 2003. ~"
PRINCIPAL
Johnston Technical Se~v/c~s,
PI~S~fiDENT / ' ' '
ATTEST:
SURETY
SureTec Insurance Compg~y
ATTORNEY-IN-FACT
Pauline L. Lesch
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
PCL CON'.~RACT BONDING AGENCY
STREET ADDRESS: 417 Oakbend Drive, #150, Lewisville, TX 75067
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name..)
PB - 4
SureTec Insurance Company
Required Notices Rider
Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at:
1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax~: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Depadment of
Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for
surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance
Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance
Company for which surety business is underwritten by SureTec Insurance Company ("issuing Sureties").
The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1 ) of the Act is
Zero Dollars ($0.00).
The United States will reimburse the Issuing Sureties for ninety'percent (90%) of any covered losses from
terrorist acts certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the
terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules of law.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or
condition of the attached document.
S u r eTe c
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY~(~e "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint ~/
Pauline L. Lesch,'/o~Clem F. Lesch, Gary Matula, Steven J. Zinecker, Steven W. Lewis
of Lewisville, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and
stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of
suretyship to include waivers to the/conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars ($5,000,000)~4nd to bind the Company thereby as fully and to the same extent as if such bonds were signed by
the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all
that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as
Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,
and any such instruments so executed by any such Attorney-in-Fact shah be.binding upon the Company as if signed by the
President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certiftcate bearing facsimile
signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it
is attached. (Adopted at a meeting held on 20th of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its
corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002.
~RAN
Corporate Seal
State of Texas
County of H~s ss: Presifle~t
SURETEC INSURANCE COMPANY
On this llth day of Jane A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did
depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company
described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said inslmment
is such corporate seal; that it was so affLxed by order of the Board of Directors of said Company; and that he signed his name thereto
by like order. I~~,~,,.*~, ~ ~,,,~ ~-u:~l~' ] /-~'~ ~."~
Notary Seal ~,,am.~,, Doffna U. Ibanez, Notary
~ My commission expires Jane 11, 2006
I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a tree and correct copy of a Power of Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Wituess Whereof, I have hereunto set my hand and affixed the sea~f said Company at Houston, Texas this 7th
October , 2003, A.D. ~_...~ / . ~, ~
Corporate Seal [~_~?~')~1 Michael P. Whisenant,
'~." ~' .~~4..~11.../~/~.~:~ Vice President, Assistant Secretaryt
day of
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 fde with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
projecL 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 writte~ exception has been submitted with the bid. Contractor
shah 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 shah comply
with the following general specifications, and shah be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, ff 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.
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.
· AH policies shall be endorsed to read:
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE
BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS
BEING CANCELLED FOR NONPAYi44ENT OF PREMIUM IN WHICH CASE 10
DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
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 dsc to cla'nns 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 Yunit provid'mg 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.
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:
A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $500~000 shall
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.
lithe Comauercial General Liabihty form (ISO Form CG 0001 current edition) is used:
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual hability 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) coveting this
contract, personal injury liability and broad form property damage liability.
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $300~000 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.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance wlfich, 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 Cityby the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment I in accordance with §406.096
of the Texas Labor C ode and rule 2 8TAC 1 10.110 o fthe 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 aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than 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, o n an A Il-Risk form for 1 00% o f t he completed value s hall b e
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] 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.
ATTACHMENT1
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 enfity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beg/nning 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 compan/es, motor carders,
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.
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.
The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
If t he c overage period slx own o n t he contractor's current certificate o f c overage 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.
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1)
a certificate of coverage, prior to that person beginrfing 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.
The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
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.
The contractor s hall post o n e ach project s itc a notice, i n t he 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.
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 ofc lassification codes and payroll
amounts and filing of any coverage agreements, wh/ch 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) a certificate of coverage, prior to the other person beginning work on the
project; and
a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the cun'ent
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person provid/ng services on
the project; and
(7)
contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with t he certificates o f coverage t o b e provided t o t he
person for whom they are providing services.
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 mounts, 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.
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 fi:om the governmental entity.
Description $ Ext $
LLWPP to NWEST Licensed Microwave System
Project management, engineering, permits, fees and bond costs $5,150.00
100 Mbps Full Duplex Microwave System, including radios, $45,381.00
antennas, transmission lines, testing
Installation of licensed microwave system at LLWPP and $5,107.50
NWEST, including mounts & brackets, labor for installation and
align antennas
Equipment rack at top of NWEST tank (for all systems), includes $2,812.40
rack, UPS system, mmhaged Ethernet switch,' labor
3 year Factory maintenance program to provide support and NBD $4,822.20
(Next Business Day) replacement radio equipment
Subtotal for Licensed Link between LLWPP and NWEST $63,273.10
NWEST to LRRWPP Unlicensed System
Unlicensed microwave system, including radios, antennas, $17,852.00
transmission lines, cabinet at LRRWPP with managed Ethernet
switch
Tower option one at LRRWPP - Steel pole installed next to $10,300.00
building, allows radio equipment to be installed inside building,.
Tower option two at LRRWPP - self standing traditional tower, $16,462.00
outside equipment cabinet, conduit to building for power and
signal
Installation of unlicensed microwave system, including mounts & $6,015.00
brackets, labor to installation and align antennas. Includes SO
cable to power equipment rack.
3 year Factory maintenance program to provide support and NBD $3,022.00
(Next Business Day) replacement radio equipment
Subtotal for NWEST to LRRWPP with steel pole $37,189.00
Subtotal for N}FEST to LRR }FPP with traditional tower $43,35i. O0
Phase One cost with steel pole option at LRRWPP $100,462.10
Phase One cost with traditional tower option at LRR }FPP $106, 624. i 0
Jim C. Johnston, RCDD
Ph: @72-620-1435, Ext. 115
Fx: 972-247-5023
Johnston Technical Services, Inc.
'~/Ve Make Connectivity Simple"
2877 LBJ Freeway
Dallas, TX 75234
jim @its. net