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HomeMy WebLinkAbout1999-416NOTE. Change Order One - Ordinance No. 2000-250 ORDINANCE NO qq AN ORDINANCE RESCINDING THE AWARD OF A PUBLIC WORKS CONTRACT TO GREAT SOUTHWESTERN CONSTRUCTION, INC, FOR THE CONSTRUCTION OF 69KV TRANSMISSION FACILITIES IN THE AMOUNT OF $1,310,622 (ORDINANCE 99-394) AND AWARDING A PUBLIC WORKS CONTRACT AND PROVIDING EXPENDITURE OF FUNDS FOR THE EMERGENCY CONSTRUCTION OF A 69KV TRANSMISSION FACILITIES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING EFFECTIVE DATE (PURCHASE ORDER 00983-GREAT SOUTHWESTERN CONSTRUCTION, INC, IN THE AMOUNT OF $ 1,393,814 62) WHEREAS, the City Manager having recommended to the City Council that said ordinance 99-334 be rescinded, and that a contract and subsequent purchase order then be approved in the amount of $ 1,393,814 62, based upon emergency conditions outlined in the memorandum on file in the office of the Purchasing Agent, incorporated herein by reference, being in compliance with the requirements of Chapter 252 of the Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Council hereby rescinds Ordinance No 99-394 which awarded a public works contract for the construction of a 69KV Transmission Facilities to Southwestern Construction, Inc in the amount of $ 1,310 622 00 SECTION II That the City Council hereby determines that there is a possible threat to the public health and safety of Denton residents that requires the immediate appropriation of money to relieve such threat to the citizens of Denton and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Order" referenced herein, are hereby approved PURCHASE ORDER NUMBER VENDR AMOUNT 00983 Great Southwestern Construction, Inc $ 1,393,814 62 SECTION III That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of State law exempting such purchases by the City from the requirements of competitive bids SECTION IV This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the {� — day of &M&22 1999 ATTEST JENNIFER WAppLTEIRS, CITY SECRETARY BY. A my �V 0^ \3wti"L APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 00983 EMERGENCY CONTRACT (REVISION) ORDIANCE 901-B TEXAS STREET PO NUMBER 00983 VENDOR GREAT SOUTHWESTERN CONST 1100 TOPEKA WAY PO BOX 849 CASTLE ROCK CO ITEM ACCOUNT NUMBER CITY OF DENTON, TEXAS PURCHASE ORDER DATE/VENDOR NO DO 11-11-99 GRE54000 80104 DENTON, TX 76201 SU2MIENT SHIP TO ELECTRIC DISTRIBUTION S21 1701 C SPENCER RD DENTON, TEXAS 76205 TYPE UNITS NUMBER DESCRIPTION BID NO LINE AMOUNT 01 653 080 RB98 3650 9219 0 00 CONSTRUCTION OF 69KV 1,393,814 62 TRANSMISSION FACILITIES SPECNER TO LOCUST TRANSMISSION LINE REBUILD CROSSING OF US77 AT RINEY ROAD NORTH LAKES SUBSTATION POLE REPLACEMENT TOTAL FOR P 0 1,393,814 62 The City of Denton Texas is tax exempt -House Bill No 20 Reference PO Number on all B/L, Shipments and Invoices Shipments are FOB City of Denton, or as indicated By Purchasing Division R R Number Items Received Date Voucher Number Amount PURCHASING CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16 day of NOVEMBER A D , 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do, hereinafter termed "OWNER," and Great Southwestern Construction, Inc 1100 Topeka Way P 0 Box 849 Castle Rock, CO 80104 of the City of Castle Rock , County of Douglas and State of Colorado , 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 # 2394 & 2395 - TRANSMISSION LINES SPENCER TO LOCUST 69KV UPGRADE NORTH LAKES SUBSTATION 69KV UPGRADE US77 AND RINEY ROAD INTERSECTION 69KV UPGRADE in the amount of $1,393,814 62 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 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 ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CN:1Wa IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST ATTEST �r k=AL) C79- CONTRACTOR CA-3 MAILING ADDRESS PHONE NUMBER FAX NUMBER 10 TITLE PRINTED NAME (SEAL) M* BOND NO KA0620 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That GREAT SOUTHEWESTERN CONSTRUCTiON, INC, hereinafter called Pnncipal and FIDELITY AND GUARANTY INSURANCE* a corporation organized and existing under the laws of the State of Wisconsin , and fi, ly 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 MILLION THREE HUNDRED NiNETY THREE THOUSAND EIGHT HUNDRED FOURTEEN DOLLARS AND SIXTY TWO CENTS ($1 393,814 62) 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 stun well and truly to be made, we hereby bind ourselves, our heirs, exeLutors, administrators, successors, and assigns jointly and severally, firmly by these presents This Bond shall automatically he 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 *UNDERWRITERS, INC THE OBLIGA riON TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99.416, with the City of Denton, the Owner, dated the 16 day of NOVEMBER A D 1999, a copy of which is hereto attached and trade a part hereof, for BID # 2394 & 2395 - TRANSMISSION LINES SPENCER TO LOCUST 69KV UPGRADE NORTH LAKES SUBSTATION 69 V NOW, THEREFORE, if the Princpal shall well, truly and faithfully perform and fulfill all of the undertakings, t.ovenants, 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 Suretv 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 authon7ed 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 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 pursuent 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 4 copies each one of which shall be deemed an original, this the 16 day of NOVEMBER, 1999 ATTEST PRINCIPAL GREAT AOOUTHWESTERN CONSTRUCTION, INC BY-41 S C / TA Y BY PRES1llbN7 7tTTM Witness SURETY _ FIDELITY AND GUARANTY INSURANCE UNDFRe1RITERS, INC BY BY ATTORNEY -IN-FACT Sue Martin The Resident Agent of the Surety in Denton County Texas for delivery of notice and service of the process is NAME Jay Hale STREET ADDRESS St Paul Surety, 8144 Walnut Hill Lane, Suite 1199, Dallas, TX 75231-4345 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB 2 E l3ER MOOIri INBURANCE AGENCY, INC 3773 CHERRY CREEK NORTH DRIVE, SURE 800 DENVER, COLORADO 80209-3804 PHONE 824-6600 BOND NO KA0621 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON .KNOW ALL MEN BY THESE PRESENTS That GREAT SOIJlHWESTERN CONSTRUCTION, INC , whose address is 1100 Topeka Way, P O Box 847, Castle Rock, CO 80104, hereinafter called Principal, and FIDELITY AND GUARANTY INSURANCE* a corporation organized and existing under the laws of the State of WIsconsin , and fully authorized to transact business m 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 nay furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE MILLION THREE HUNDRED NINETY THREE THOUSAND EIGHT HUNDRED-F(jURTEEN DOLLARS AND SIXTY TWO CENTS ($1,393,814 62) 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 *UNDERWRITERS, INC THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-416, with the CiW of Denton the Owner, dated the 16 day of is hereto attached and made a part hereof, for LINES SPENCEkTO LOCUST 69KV UPGR NOVEMBER A D 1999 , a copy of which BiD # 2394 & 2395 - TRANSMISSION DE NORTH LAKES SUBSTATION 69KV NOW THEREFORE if the Principal shall well, truly and taithfully perform its duties and make prompt payment to at) persons, firms, subi.ontractors, corporations and claimants supplying labor andlor material in the prosecution of the Work provided for in said Contract and any and all duty 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 sbalilie 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 is 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 tune 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 Goverimient Code, as amended, and any other applicable statutes of the State of Texas Tlt,mdersigned 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 4 copies, each one of which shall be deemed an original, this the 16 day of NOVEMBER. 1999 ATTNT BY S EC T )MEM Witness - BY PRINCIPAL GREAT SOUTHWESTERN CONSTRUCTION, INC BY �1 PRESIDENT SURETY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC BX{AAT�O N Y/-IN-FACIA Sue Martin The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Jav Hale STREET ADDRESS St Paul Surety, 8144 Walnut Hill Lane, Suite 1199 Dallas, TX 75231 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) =t MOODY INSURANCE AGENCY, INC 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209-3804 PHONE a24.6600 POWER OF ATTORNEY me$tPhul Power of Attorney No Seaboard Surely Company St Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St Paul Mercury Insurance Company 20608 United Stales Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Certificate No 2 1 il ? U') KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York and that St Paul Fire and Marine Insurance Company S[ Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and 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 Jody Anderson, Evan E Moody, Brad Moody, Sue Martin and Vera T Kalba of them Denver Colorado their tine and lawful Attomey(s) in Fact n thityeir of State s each their separate capacity if more than one is named above to sign its time as surety to and to execute seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the ne.formence of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law June IN WITNESS WHEREOF, the Companies have caused this instrument to be signed this 9Ltl day of 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St Paul Mercury Insurance Company JPfY OsoBp , en"r I^q xYu94 •—\ "/ Y_ 1S27 d/\/`0�0R Pres "Y•," g £ MICHAEL H KEEGAN Vice ident y� vl State of Maryland "� fys� ,qd"$r $ MICHAEL R MCKIBBEN Assistant Secretary City of Baltimore On this 91h day of June 99 bG gra me the undersigned officer personally appeared Michael B Keegan and Michael R McKibben who acknowledged themselves toce e a) at Secretary respectively of Seaboard Surety Company St Paul Fire and Marine Insurance Company, St Paul Guardian Insurp ul nsurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company and Fidelity and G ty e U is Inc and that they as such being authorized so to do executed the foregoing instrument for the purposes therein contained by signing [ es of the orporations by themselves as duly authorized officers "�" A - ��� In Witness Whereof, I hereunto se[ my hand and official seal ¢,� �r't0Y My Commission expires the 13th day of July 2002 a POt� REBECCA EASLEY ONOKALA Notary Public �qe a� � This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc on September 2 1998 which resolutions are now in full force and effect, reading as follows RESOLVED, that in connection with the fidelity and surety insurance business of the Company all bonds undertakings contracts and other instruments relating to said business may be signed, executed and acknowledged by persons or entities appointed as Attomey(s) in Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the time and on behalf of the Company either by the Chairman or the President or any Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary under their respective designations The signature of such officers may be engraved printed or lithographed The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and subject to any limitations set forth therein 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 upon the Company with respect to any bond or undertaking to which it is validly attached and RESOLVED FURTHER, that Attorney(s) in Fact shall have the power and authority and in any case subject to the terms and limitations of the Power of Attorney issued them to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings and other writings obligatory in the nature thereof and any such instrument executed by such Attomey(s) in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company I Michael R McKibben Assistant Secretary of Seaboard Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I hereunto set my hand this 16 th day of November — _ __ _ 1999 w� . Isrwl..Q 9 ,10^,. 3r tn se iaAiNlai(D11 sE st , 4t�S8A� u� 1809 y z, 19B 19$f Michael R McKibben Assistant Secretary To verify the authendchy of this Power of Attorney, call 1800 4213880 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number, the above -named mdlvidua/s and the details of the bond to which the power is attached 86326 Rev 4 99 Printed in U S A �r �i �F o '�" " Yi OATE(MM/DDIVV) AOORD� b► ' £ �'=1 � ' 9. 0 1310, � 1� 11/19/1999 <. - FAX (303) 370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PF ,cvCEl (303) 824-66 0 q ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Moody Insurance Agency, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3773 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Suite 800 COMPANIES AFFORDING COVERAGE Transcontinental Insurance CO (CNA) Denver, CO 80209-3804 COMPANY Attn Pat Gallagher Ext A American Casualty Co of Reading PA (CNA) INSURED COMPANY B Great Southwe6tern Construction, Inc United States Fire Insurance Co (C&F) P 0 Box 849 COMPANY C Castle Rock, CO 80104 COMPANY D TO CERTIFY THATI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS THIS IS INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES CO POLICY NUMBER Do TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIYV) DATE (MMIDDIYY) LTR GENERAL AGGREGATE $ 2,000,000 GENERAL LIABILITY C $ 2,000,000 X COMMERCIAL GENERALL LIABILITY PERSPRODUCTS DV INJUIOP RY OCCURREN INJURY $ 1,000,000 CLAIMS MADE X OCCUR A C135110255 12/31/1998 12/31/1999 EACH EACH OCCURRENCE $ 1,000,000 OWNERS S CONTRACTORS PROT FIRE (Any onen) $ 55.000 X Blkt Addl Insured 5 000 X Pro3ect Aggregate MEDEXMAnyoneGE MEDEXP(Anyonepenon) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) B SCHEDULED AUTOS C135110272 12/31/1998 12/31/1999 X HIRED AUTOS BODILY INJURY $ (Per accident) X NON OWNED AUTOS PROPERTY DAMAGE $ AUTOONLY EAACCIDENT $ GARAGE LIABILITY OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ 5,000,000 EXCESS LIABILITY 5530674114 12/31/1998 12/31/1999 AGGREGATE $ 5,000,00 C X UMBRELLAFORM OTHER THAN UMBRELLA FORM TORY LIMITS ER WORKERS COMPENSATION AND EMPLOYERS LIABILITY 12/31/1998 12/31/1999 EL EACH ACCIDENT $ 500,000 A C13 5110269 EL DISEASE POLICY LIMIT $ 500,000 THE PROPRIETOR/ X INCL PARTNERSIEXECUTIVE EL DISEASE EA EMPLOYEE $ 500,000 OFFICERS ARE EXCL OTHER DESCRIPTION N OPERATION,SI QATIONSIVEICLEq/ P€CIAL ITEMS E 69 KU TranSIS ion on Faci Tties Upgrade ee the Attached for Special Clauses Ttif igAC t 4t ki t) SHOULLDDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of on Den , Texas 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Attn Tom 0 Shaw, C P M BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Purchasing vi si on qNV KIND UPON THE COM NV ITS AOENTB R REPRESENTATIVES �i 901-B Texas Street Denton, TX 6201 A I ED�PRESENT IV -- City of Denton, Texas 11/19/1999 Certificate issued to City of Denton, Texas 11/19/1999 city of Denton, Its, officials, Agents, Employees & volunteers are included as Additional Insured's as respects General Liability & Auto Liability and work performed by the Named Insured Liability Insurance is Primary Waiver of Subrogation included as respects Workers Compensation coverage The policies listed on the Certificate of Insurance shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given to the Owner (City) except when the policy is being cancelled for nonpayment of premium, in which case 10 days advanced written notice if required 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 land 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 modifigd 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 •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to 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 NONPAYMENT 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 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 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 [XI A General Liability Insurance. General Liability insurance with combined single limits of not less than $1,000,000 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 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 Ixl Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 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 [XI 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 nammg 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, 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 [ ] 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 ATTACHMENT 1 [XI Worker's Compensation Coverage for Budding 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 401011(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 (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 I The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, 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 (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified marl 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 ORDINANCE NO �DD'ps J`O AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER ONE TO THE PUBLIC WORKS CONTRACT PROVIDING UPGRADES TO THE 69KV LINE FROM SPENCER TO LOCUST, NORTH LAKES SUBSTATION AND US77/RINEY ROAD INTERSECTION BETWEEN THE CITY OF DENTON AND GREAT SOUTHWESTERN CONSTRUCTION, INC, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00983 TO GREAT SOUTHWESTERN CONSTRUCTION, INC IN THE AMOUNT OF $1,393,814 62 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $47,288 63) WHEREAS, on November 16, 1999 (Ordinance 99-416), the City awarded a public works contract to Great Southwestern Construction Inc , in the amount of $1,393,814 62, and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respects to the scope of work, materials, labor and an increase in the payment amount, and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order increasing the amount of the agreement between the City and Great Southwestern Construction, Inc on file in the office of the Purchasing Agent, in the amount of Forty Seven Thousand Two Hundred Eighty Eight and 63/100 Dollars ($47,288 63), is hereby approved and the expenditure of funds therefor is hereby authorized The master contract amount is amended to read $1,441,103 25 SECTION II. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the6 day of �2000 (-0 /" &" v EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY e 19/J/ /, / , TVWW�WK APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BYE�i i l a — CHANGE ORDER to PURCHASE ORDER 00983 ORDINANCE-2000 901-B TEXAS STREET NUMBER 00983 ATTACHMENT 1 CITY OF DENTON, TEXAS PURCHASE ORDER DENTON, Tx 76201 DATE/VENDOR NO DOCUMENT 02-09-00 S21 GRE54000 TYPE VENDOR SHIP TO GREAT SOUTHWESTERN CONST ELECTRIC DISTRIBUTION S21 1100 TOPEKA WAY PO BOX 849 1701 C SPENCER RD DENTO 205 CASTLE ROCK CO 80104 *** NOTE. THIS PURCHASE ORDER SUPERSEDES P 0.# 00983 *** ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO LINE AMOUNT 01 653 080 RB98 3650 9219 0 00 1,393,814 62 TRANSMISSION FACILITIES. SPECNER TO LOCUST TRANSMISSION LINE REBUILD CROSSING OF US77 AT RINEY ROAD NORTH LAKES SUBSTATION POLE REPLACEMENT 02 653 080 RB98 3650 9219 0.00 CHANGE ORDER # 1 47,288 63 The City of Denton, Texas is tax exempt -House Bill No 20 Reference PO Number on all B/L, Shipments 4 nvmces Shipments are F 0 B City of Denton, or as indicated TOTAL FOR P 0 1,441,103 2E By Purchasing Division R R Number Items Received Date Voucher Number Amount ATTACHMENT 2 GREAT SOUTHWESTERN CONSTRUCTION, INC. July 12 2000 CITY OF DENTON, TEXAS 901 •A Texas Street Denton, TX 76201 ATTN Mr Chuck Sears RE FIELD EXTRA WORK ORDERS Purchase Order Number 00983 Spencer to Locust 69kV Upgrade North lakes Substation 69kV Upgrade US77 and Riney Road Intersection 69W Upgrade t3SWC Contract No 9933-1 Dear Mr Sears, Enclosed are the follomng Field Extra Work Order s numbered 1 through 15 FEWO f1 AMOUNT 1 $3,383 70 2 Deleted 3 $8,288 80 4 $4,857 50 5 $10,017 75 6 $7,859 3 7 $478 74 8 $2,008 02 9 Deleted 10 S658 30 11 -$138000 12 -$821 40 13 -$319 16 14 S553 72 15 $1170336 TOTAL $47,288 63 Please review and call me should you have any questions or comments Very my yours, ,,L , J Mace Peveler Project Developer 1100 Topeka Way, P 0 Box 849 Castle Rock, Colorado 80104 (303) 688- 5816 http//www greatsouthwestern com Fax (303) 688-4416