1999-416NOTE. Change Order One - Ordinance No. 2000-250
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 C~ty Council that said
ordananee 99-334 be resmnded, and that a contract and subsequent purchase order then be
approved m the amount of $1,393,814 62, based upon emergency conditions outhned ~n
the memorandum on file m the office of the Purchamng Agent, ~ncorporated hereto by
reference, being ~n eomphance 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 C~ty Council hereby rescinds Ordinance No 99-394 which
awarded a pubhe works contract for the construction of a 69KV Transmmmon Famlmes
to Southwestern Construction, Ine m the amount of $1,310 622 00
SECTION II That the City Council hereby determines that there ~s a possible
threat to the pubhc health and safety of Denton residents that reqmres the immediate
appropriation of money to relieve such threat to the c~tlzens of Denton and by reason
thereof, the following emergency purchases of materials, equipment, supplies or services,
as described ~n the "Purchase Order" referenced herren, are hereby approved
PURCHASE
ORDER NUMBER
VENDOR AMOUNT
00983 Great Southwestern Construction, Inc $1,393,814 62
SECTION III That because of such emergency, the C~ty Manager or designated
employee m hereby authorized to purchase the materials, equipment, supphes or services
as described an the attached Purchase Orders and to make payment therefore m the
mounts therein stated, such emergency purchases being m accordance with the
provm~ons of State law exempting such purchases by the C~ty from the reqmrements of
competitive b~ds
SECTION IV This ordinance shall become effecUve ~mmedlately upon its
passage and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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 80104
CITY OF DENTON, TEXAS
PURCHASE ORDER
DENTON, TX 76201
DATE/VENDOR NO DOCUMENT
11-11-99 S21
GRE54000
SHIP TO
ELECTRIC DISTRIBUTION S21
1701C SPENCER RD
DENTON, TEXAS 76205
TYPE
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO
LINE AMOUNT
01 653
080 RB98 3650 9219 0 O0 CONSTRUCTION OF 69KV
TRANSMISSION FACILITIES
SPECNER TO LOCUST TRANSMISSION LINE REBUILD
CROSSING OF US77 AT RINEY ROAD
NORTH LAKES SUBSTATION POLE REPLACEMENT
1,393,814 62
The C~ty of Denton, Texas ~s tax exempt-House Bill No 20
TOTAL FOR P 0
1,393,814 62
Reference PO Number on all B/L, Shipments and Invomes
Shipments are FOB C~ty of Denton, or as ~nd~cated By
Purchasing D~wsmn
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 O Box 849
Castle Rock, CO 80104
of the City of Castle Rock , County of Doug_las and State of Colorado , hereinafter
termed "CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the condltlons
expressed m 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 m counectlon therewith, under the terms
as stated m the General Conditions of the agreement, and at his (or their) own proper cost and
expense ,to furnish all materials, supphes, machinery, eqmpment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, m accordance with the condmons and prices stated m the Proposal attached hereto, and
m accordance with all the General Condttlons 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 m
CA- 1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specd~catlons 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 ~s mutually understood and agreed by and between City and Contractor that
Contractor ~s an ~ndependent contractor and shall not be deemed to be or constdered an
employee ,of the C~ty of Denton, Texas, for the purposes of income tax, w~thholdmg, social
security taxes, vacatton or s~ck leave benefits, worker's compensation, or any other C~ty
employee ,benefit City shall not have superws~on and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces
hereunder according to the attached speelf~canons at the general d~rectton of the City Manager
of the C~ty of Denton, Texas, or h~s designee under th~s agreement
Indemni~caaon
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the City of
Denton from any and all damages, loss, or l~ab~lxty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom ~t is legally hable, w~th
regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the C~ty of Denton against any and all such clanns and demands
Choice of Law and Venue
Th~s agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall he m 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 m written notice to commence work and complete all work
w~thm the tune stated m the Proposal, subject to such extensions of time as are provided by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown m the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Condmons of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement
~n the year and day first above written _ J
ATTEST
CITY OF DENTON
OWN'ER-
(SEAL)
ATTEST
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
BY
TITLE
PRINTED NAME
APPROVED AS TO FORM
CITY ATTORI~Y -~/
CA - 3
(SEAL)
BOND NO KA0620
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That GREAT SOUTHEWESTERN
CONSTRUCTION, INC, hereinafter called Pnnc,pal and FIDELITY AND GUARANTY I~qSURANCE*
a corporation orgamzed and existing under the laws of the State of Wisconsin , and fully
authorized to traasac! bus~ess in the State of Texas, as Surety, are held and firmly bound unto
thc City of Denton, a mumc. tpal corporation organized and exmung under the laws of the State
of Texas, hereinafter called Owner in thc penal sum of ONE MILLION THREE
HUNDRED NINETY 3HREE THOUSAND EIGHT HUNDRED FOURTEEN DOL.L.ARS
AND SIXTY TWO CENTS, ($1 393,814 62) plus ten percent of the stated penal sum as an
additional suTM of money representing additional court expenses attorneys' fees, and liquidated
datllages arising out of or cotmected with the below identified Contract, in lawful money of the
Umted States, to be paid m Denton County, Texas, for thc payment of which sum well and
truly lo be made, we hereby brad ourselves, our heirs, executors, admimstra~ors, 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 winch increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract pmce decrease the penal sum of this Bond
*UNDERWRITERS, INC
THE OBLIGArION TO PAY SAME ~s 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 whzch is
hereto attached and made a part hereof, for BID # 2394 & 2395 - TRANSMISSION LINES
SPENCER TO LOCUST 69KV UPGRADE NORTH LAKES SUBSTATION 69KV
UPGRADE US77 AND RINEY ROAD INTERSECTION 69KV UPGRADE
NOW, THEREFORE d the Principal shall well, truly and faithfully perform and f~lfill
all of the undertakings, ~ovenants, terms, cond~tion.s and agreements of said Contract in
accordance with the Plans, Spec~ficanonn and Contract Documents during the nmgmal term
thereof and any extension thereof which may be granted by the Owner wtth or w~thout notice
to the Surety and durutg the life of any guaranty or warranty required under th~s Con~xact, and
shall also well and truly perform and fulfill all the unflenakmgs covenants, terms, condmoos
and ,~greements of any and all dub authomTed modzficatlons of ~atd Contract that may
hereaRer be made, nonce of which modtficauons 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 (Ir year from the date of final completion and final acceptance o!
the Work by the Owner, and, if the Prmcipa~ shall fully mdemmfy and save harmless the
Owner from all costs and damages wfuch Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
recur in making good any default or deficiency, then th~s obligation shall be void otherwise, it
shall remain tn full force and effect
PB- I
~E~BER
PROVIDED FURTHER, that tf any legal action be filed upon th~s Bond exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER that thc smd Surety for value received, bcrcby
supulates and agrees that no change, extension of t~ne, alteration or addition to the terms of
thc ColRxact, or to the Work to be performed thereunder, or to the Plans. Specifications
Dr'awMgs, etc. accompanying thc same, shall m anywise affect its obligation On this Bond
and it (Ioes~hereby waive not.cc of any such change, extension of t~nc, alteration or addioon to
thc terms of the Contract, or to the Work to bc performed thereunder, or to thc Plans,
Specifications Drawing% 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 requlmte aouces may be delivered and on
whom semce of ~roc, e. ss may be had m matters arming out of such surctysh,p, as provided by
Arttcle 7 19-1 of the Insurance Code, Vernon's Annotated C:v,l Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in a copies each one of which
shall be deemed an original, this the 16 day of NOVEMBER, 1999
ATTEST
BY
SECRETARY
PRINCIPAL
GREAT~O~UTHWESTERN CONSTRUCTION, INC
Witness
SURETY
FIDELITY AND GUARANTY INSURANCE UNDFR,,TRITERS, INC
ATTORNEY-IN-FACT Sue Martin
The Resident Agent of the Surety in Denton County
of the process l~
NAME J_av Hale
Texas for delivery of no.cc and service
STREET ADDRESS St Paul Surety, 8144 Walnut Hill Lane, Suite 1199,
Dallas, TX 75231-4345
(NOTE Date ofPe~ormance ~ondmust be dateofContra~ If Restaent Agentis not a
corporcaton, gt~ a pcrson's name)
PB 2
MOODY INSURANCE AGENCY, INC
3773 CHERRY CREEK NORTH DRIVE, SUITE 800
DENVEP~ COLORADO 80209-3804
PHONI: 8~4-.6600
BOND NO KA0621
STATE OF TEXAS
PAYMENT BOND
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That GREAT SOLrlHWESTERN
CONS-I~RUCTION, INC , whose address ,s I I00 Topeka Way, P O Box 847, Castle
RoCk, CO 80104, hereinafter called Prmctpa], and FIDELITY AN]5 ~UARANTY f~SURANCE,*
a c0rporatton organized and exmmg under the laws of the State of Wiscon&'in' , and fully
authorized to transact business tn the State of Texas, as Surety. are held and firmly bound unto
the Ctty of Denton, a mumc,pal corporation orgamzed and exmtmg wader the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furmsh materials for, or perform labor upon, the bmldmg or tmprovements herema~ter referred
to, tn the penal sum of ONE MILLION THREE HUNDRED NINETY THREE THOUSAND
EIGHT HUNDRED'FOURTEEN DOLLARS AND SIXTY TWO CENTS ($1,393,814 62) m
lawful money of the Umted States, to be paid m Denton County Texas, for the payment of
which sum well and truly to be made, we hereby b,nd ourselves, our heirs, executors,
admtmstrators, successors, and ass,gus, jointly and severally firmly by these presents This
Bond shall automaucally be increased by t.he amount of any Change Order or Supplemental
Agreement whtch increases the Contract price, but m no event shall a Change Order or
Supplemental Agreement whtch reduces the Contract puce decrease the penal sum of thts
Bond *UNDERWRITERS, INC
THE OBLIGATION TO PAY SAME ,s condl~oned as follows Whereas, the
Pnn~npal entered, tutu a certam Contract, identffied by Ordmance Number 99-416, with the
Ct~ of Denton the Owner, dated the 16 day of NOVEMBER A D 1999 , a copy of which
i~ hereto ar~ached and made a part hereof, for BID # 2394. & 2395 - TRANSMISSION
LINES SPENCE~TO LOCUST 69KV UPGRADE NORTH LAKES SUBSTATION 69KV
UPGRADE US77 ~ND RINEY ROAD INTERSFC'I ION 69KV UPGRADE
NOW THEREFORE ff the Pnnclpal ,~hall well, truly and talthfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporattons and claimants
~upply,ng labor and/or material m the prosecunon of the Work provided for in said Contract
and any and all duly authormed modifications of said Contract that may hereafter be made
not,ce of which modtficaUons to the Surety bemg hereby expressly waived, then thig ohhgauon
~hall be void, othenvise ~t shall remain in full force and effect
PROVIDED FURTHER, that if an~. legal acnon be filed on this Bond exclustve venue
shaTVhe m Denton County Texas
AND PROVIDED FURTHER that the sa,d Surety, for value received hereby
stipulates and agrees that ne change, extension of tune, alteration or addition to the terms of
the Contract. or m the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc. accompanying the same, shall m anyw,se affect ~ts obhga, on on this Bond.
and ,t does hereby wa,ye not,ce of any such change, extension of tune alteration or addRion to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Speclficanon% 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 slamtes of the State of Texa~
Th: :v. derslgned and designated agent is hereby designated by the Surety hereto as the
Resldcnt Agcnt m Denton County to whom any requtsite nonces may bc dchvcred and on
whom service of process may be had m matters arising out of such suretyship, as provided by
Article ? 1%1 of the Insurance Code. Vemon's Annotated Ciwl Statutes of the State of Texas
IN WITNESS WHEREOF, flus instrument is executed in 4 copies, each one of which
shall be deemed au original, tins the 16 day of NOVEMBER. 1999
ATTEST
SECRETARY
PRINCIPAL
GREAT SOUTHWESTERN CONSTRUCTION, ]NC
PRF2;IDENT
Witness'
SURETY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC
~TTORNEYqN-FACT Sue Martin
The Resident Agent of the Surety in Denton County, Texas for delivery of nonce a~d service
of the process is
NAME Jay Hale
STREET ADDRESS St Paul Surety, 8144 Walnut Hill Lane, Suite 1199
"Dallas, TX 75231
(~IOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a
corporation, give a person's name )
4
I'me l'Rlul
Power of Attorney No
POWER OF ATTORNEY
Seaboard Surety Company Umted States Fidelity and Guaranty Company
St Paul Fire and Marine Inanranee Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc
St Paul Mercury Insurance Company
20608 Certificate No
21.670,5
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 Manne Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporanons duly organized under
the laws of the State of IVhnnesota and that Umted States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and
that F~debty and Guaranty Insurance Company is a corporanon duly orgamzed under the laws of the State of Iowa and that Fidelity and Guaranty Insurance
Underwriters lnc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Cornpames ) and that the Companies do
hereby make constitute and appoint
Jody Anderson, Evan E Moody, Brad Moody, Sue Martin and Vera T Kalba
Denver Colorado their tree and lawful Attorney(s) m Fact
of the C~ty of State
each m their separate capacity tf more than one is named above to sign its name as surety to and to execute seal and acknowledge any and ali bonds undertalongs
9th June 1999
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed th~s
Seaboard Surety Company
St Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St Paul Mercury Insurance Company
eeee
State of Maryland
City of Baltimore
9th June
On th~s day of
Michael R McFdbbea who acknowledged themselves to
Manne Insurance Company, St
Guaranty Insurance Company and Fldeht
mstrament for the purposes thereto eontmned by slgmng
day of
Umted States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
MICHAEL B KEEGAN Vice Presxdent
MICHAEL R MCKIBBEN Assistant Secretary
:e me the undersigned officer personally appeared Michael B Keegan and
respecUvely of Seaboard Surety Company St Paul Fire and
Umted States Fldehty and Guaranty Company Fidehty and
lnc and that they as such being authorized so to do executed the foregoing
themselves as duly authorized officers
My Comrmssion expires the 13th day of July 2002 REBECCA EASLEY ONOKALA Notary Pubbc
Th~s Power of Attorney la granted under and by the authoffiy of the following resolutions adopted by the Boards of Directors of Seaboard Surety Compaay St Paul
Fire and Manne Insurance Company, St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Company
Fldallty and Guaranty Insurance Company and F~dahty and Guaranty Insurance Underwriters Inc on September 2 1998 which resolutions are now in full force and
effect, feeding as follows
RESOLVED, that in connectmn with the fidahty and surety insurance business of the Company all bonds undertakmgs contracts and other instruments relating
to smd business may be signed, executed and acknowledged by persons or ent~t~es appointed as Attorney(s) m Pact pursuant to a Power of Attorney issued in
accordance wath these resoluOons Sa~d Power(s) of Attorney for and on behalf of the Company may and shall be executed m the anme and °n behalf °f the
Company either by the Chlurman or the Presldant or any Vice President or an Assistant Vice President jmntly w~th the Secretary or an Assastant Secretary
underthelrrespecuvedastgnanons The signature of such officers may be engraved pnntedorhthographed Thesxgnatureofeachoftheforegomgofficersand
the seal of the Company may be ai~xed by faesmule to any Power of Attorney or to any ceraficate relating thereto appolanng Attorney(s) tn Fact for purposes
only of execuung and atteanng bonds and undertakings and other wnUngs obhgatory in the nature thereof and subject to any limitations set forth thereto any
such Power of Attorney or cerufieate bemang such faesxrmle signature or facsimile seal shall be valid and bznthng upon the Company and any such power so
executed and certified by such facstmde signature and facslrcale seal shall be valid and binding upon the Company w~th respect to any bond or underteklng to
which it is validly attached and
RESOLVED FURTHER, that Attorney(s) in Fact shall have the power and authority and m any case subject to the terms and hmitaEons of the Power of
Attorney issued them to execute and dehver on behalf of the Company and to attach the seal of the Company to any and ali bonds and undenalangs and other
writings obhgatory in the nature thereof and any such instrument executed by such Attorney(s) m Fact shall be as binding upon the Company as ~f signed by an
Executive Officer and sealed and attested to by the Secretary of the Company
I Mmhael R McKthban 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 F~dehty and Guaranty Company Fidelity and Ouaranty Insurance Company and Fidelity and Guaranty Insurance
Uederwnters Inc do hereby certify that the above and foregoing ~s a trae and correct copy of the Power of Attorney executed by smd Compemes which is in full force
and effect and has not been revoked
IN TESTFMONY WHEREOF, I hereunto set my hand this ]- 6 th day of_ Novemb e r
To verify the authen~clty of this Power of Attorney, call I 800 421 3880 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number,
the above-named mdividuals and the detads of the bond to whteh the power is attachecL
86326 Rev 4 99 Printed In U S A
I ACORD. CE i i T'E DF CtABiLiTY iNSUFLANCE 11/1 /1 gg
I ' '"~--' -TM~: ~q~"-~ "%"" ;~''~'~'-~' 11'8 ~ (""~IScERT~i~ATE'isiS~uED'~s AMA,~'~oFi~ORMATION
/;F ~c~- (3033824-Db~u [nc r~ L>v=J~/v v ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
~oody insurance Ageqcy, / HOLDER THiS CERTIFICATE DOES NOT AMEND, EXTENDOR
13773 Chef ry Creek N0r:h Orfve [ ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVE~GE
Sul te 800
Denver, CO 80209-3804 COMPANY
AEn Pat Gallagher Ext A
~NBUREO COMPANY
D
Great Southwestern Construction, Inc
COMPANY
P 0 Box 849 i C
Castle Rock, CO 80104
COMPANY
D
Transcontqnental Insurance Co (CNA)
Amerqcan Casualty Co of Readqng PA (CNA)
United States Fire Insurance Co (C&F)
THIS IS TO CERTIFY THATITHE POLICIES ~)F iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
iNDICATED NOTVVITHSTA~JOING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSLJED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
CO TYPE OF INSU RAND? POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDD/YY)
LTR ,
I GENERAL AGGREGATE 2,000,000
GENERAL LIABILITY
X COMMERCIAL GENERAL LIAS&LITY
CLAIMSMADE X OCCUR C135110255
A
OWNER S & CONTRACTOR S PROT
X Blkt Addl Insured
X Project Aggregate
AUTOMOBILE LIABILITY
X ANY AL~TO
ALL OWNED AUTOS
SCHEDULED AUTOS C135110272
B
X HIRED AUTOS
NON OWNED AUTOE
12/31/1998 12/31/1999
12/31/1998 12/31/1999
PRODUCTS COMP/DP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
2,000,000
1,000,000
1,000,000
50,000
5~000
$ 1,000,000
PROPERTY DAMAGE $
AUTO ONLY EA ACCIDENT $
GARAGE LIABILITY OTHER THAN AUTO ONLY
ANY AUTO EACH ACCIDENT $
AGGREGATE $
I EACH OCCURRENCE $
EXCESS LIABILITY
C X UMBRSLLA FORM 5530674114 12/31/1998 12/31/1999 AGGREGATE $
$
OTHER THAN UMSRELLA FORM WC STATU OTH
~ TORY LIMITS ER
WORKERS COMPENSATIOi~ AND
EMPLOYERS LIABILITY C135110269 12/31/1998 12/31/1999 EL EACH ACCIDENT $
A THE PROPRIETOR/ X INCL EL DISEASE POLICY LIMIT $
PARTNERS/EXECUTIVE EL DISEASE EA EMPLOYEE $
OFFICERS ARE EXCL
OTHER
5,000,000
5,000,000
500,000
500,000
500~000
DESCRIPTION OF O p ERATIO I~SlL~(~ATION B/VBH!DL E~/[IpPDIAL ITEMS
[E 69 KU Trans~sSlon on Facllltqes Upgrade
;ee the Attached for Special Cqauses
SHOULD ANY OF THE ABOVE DESORIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE 18SUING COMPANY WILL ENDEAVOR TO MAIL
C1 ty of Den(on, Texas 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Attn Tom O Shaw, C P M BUTFAiLURETOMAILSUCHNOTiCESHALLIMPOSENOOBLIQATtONORLIABIL[TY
Purchasing ~tvtslon ~ANYKINDUPONTHE~M~NY iTSAGENTS~RREPRESENTATIVES
901-B TexasmStreet A ~;~EDREPRESENT iv--
Denton, TX '620[ ~ ~ ~~
..... L , ............................. - .............
City of Denton, Texas
Certlfqcate issued to C~ty of Denton, Texas 11/19/1999
r, lood¥ [nsurance Agency, Znc
11/19/1999
City of Denton, Its, Officials, Agents, Employees & volunteers are included as Addltqonal Insured's as
respects General Lqabql~ty & Auto L~ab~llty and work performed by the Named Insured
Llabll~ty Insurance ~s Primary
Waiver of Subrogation ~ncluded as respects Workers Compensation coverage
The policies l~sted on the Certificate of Insurance shall not be cancelled, nonrenewed or materially
changed w~thout 30 days advanced written notice being g~ven to the Owner (City) except when the policy
~s being cancelled for nonpayment of premium, ~n which case 10 days advanced written not~ce ~f
required
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Btdder's attention ts directed to the tnsurance requtrements below It ts htghly recommended
that btdders confer wtth thetr respective tnsurance carriers or brokers to determtne tn
advance of Btd submtsston the avatlabthty of tnsurance certtficates and endorsements as
prescribed land prorated herein. If an apparent low butder fads to comply strictly with the
insurance reqmrements, that butder may be dtsqualtfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgattons whtch the
successful,bidder shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS
Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shall provide and mamtatn unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtmmum tnsurance coverage as tn&cated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the
Purchastng Department satisfactory certtficates of tnsurance, contatntng the btd number and
tttle of the project Contractor may, upon written request to the Parchastng Department, ask
for clarification of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to rnake such requests prior to btd opemng, stnce the tnsurance requtrements may not
be modtficd or watved after btd opemng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any matenal untd he or she
recetves nottflcatton that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the following general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do business m the State of
Texas w~th an A M Best Company rating of at least A
Any deductibles or self-insured retentions shall be declared ~n the btd proposal If
requested by the C~ty, the insurer shall reduce or elumnate such deductibles or
self-insured retenttons w~th respect to the C~ty, ~ts
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteemg payment of losses and related investigations, clmm admuustratton and
defense expenses
Lmbfi~ty pohmes shall be endorsed to provtde the following
Name as additional msured the C~ty of Denton, its Officials, Agents,
Employees and volunteers
That such insurance is prnnary 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 clatm IS made
or suit Is brought The mclusiun of more than one ~nsured shall not operate
to increase the msurer's limit of habthty
All pohmes 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 mamtam such coverage continuously throughout the term of th~s
contract and, without lapse, for a period of three years beyond the contract
exptrauon, such that occurrences arising during the contract term which give rise
to clanns 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 hmIt, 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 reqmred by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole optmn,
term. mate this agreement effective on the date of the lapse
SPECIEIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally
comply with the followtng marked spectficattons, and shall be mamtatned tn comphance wtth
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[X] A General Liability Insurance.
General L~abihty insurance with combined s~ngle lnmts 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 m a single policy or m a combination of
underlying and umbrella or excess pohcles
Ix)
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 Edmon
and ISO Form GL 0404) is used, it shall Include at least
· Bodily injury and Property Damage Llabthty 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
Automobile Lmabmhty Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Sntgle Lmuts (CSL) of not less than $1,000,000 either in a single policy or In a
combmaUon of basic and umbrella or excess policies The pohcy will include bodily
injury and property damage hablhty arising out of the operation, maintenance and use
of all automobiles and mobile eqmpment used in conjuncuon with th~s contract
SatisfacUon of the above reqmrement shall be in the form of a policy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall pumhase and mamtam Worker's CompensaUon ~nsurance which, tn addition to
meeting the minimum statutory requirements for ~ssuance of such insurance, has Employer's
Llabthty hrmts of at least $100,000 for each acmdent, $100,000 per each employee, and a
$500,000 policy hmit for occupational d~sease The City need not be named as an "Addmonal
Insured" but the ~nsurer shall agree to waive all rights of subroganon against the C~ty, tis
officials, agents, employees and volunteers for any work performed for the C~ty by the Named
Insured For building or construction projects, the Contractor shall comply w~th the provisions
of Attachment 1 m accordance with §406 096 of the Texas Labor Code and role 28TAC
110 110 of the Texas Worker's CompensaUon Commission (TWCC)
[]
[]
[]
Owner's and Contractor's Protective Liabd~ty 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 Protecuve Ltablhty 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 pohcy shall be issued by the same insurance company that carries
the Contractor's llabthty insurance Policy hmlts will be at least __combined bodily injury
and property damage per occurrence with a aggregate
F~re Damage Legal Lmbility 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 Liabihty Insurance
Professional liability insurance with limits not less than per claim with respect to
neghgent acts, errors or omissions in connection with professional services is reqmred under
this Agreement
Budders' 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 ts required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications
ATTACHMENT 1
[Xl
Workerts Compensation Coverage for Budding or Construction Projects for
Governmental Entities
A Definitions
B
C
D
Certificate of coverage ("certlficate")-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 entlty's employees
providing serwces on a project, for the duration of the project
Duration of the project - includes the tune from the beglnmng 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 serwces on the project ("subcontractor" in §406 096) - includes
all persons or entrees perforrmng 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 lumtatton, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
eqmpment or materials, or prowdmg labor, transportation, or other serwce 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 todets
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 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
F
G
H
The contractor shall obtam from each person prowd~ng services on a project, and
prowde to the governmental enttty
(1) a cemficate of coverage, prior to that person beglnmng work on the project,
so the governmental entity will have on file cemficates of coverage showing
coverage for all persons prowdmg serwces on the project, and
(2) no later than seven days after receipt by the contractor, a new cemficate of
coverage showing extanslon of coverage, ff the coverage permd shown on the
current certfficate of coverage ends during the duration of the project
The contractor shall retain all reqmred certfficates of coverage for the duration of
the project and for one year thereafter
The contractor shall not~fy the governmental entity ~n writing by certified marl or
personal dehvery, wxthm 10 days after the contractor knew or should have known,
of any change that matertally affects the provision of coverage of any person
providing serwces on the project
The contractor shall post on each project s~te a not,ce, m the text, form and manner
prescrtbed by the Texas Workers' Compensanon Conumss~on, reforming all
persons provtdmg serwces 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 reqmre each person w~th whom ~t contracts to
provxde services on a project, to
(1) prowde coverage, based on proper reporting of classfficatton codes and
payroll amounts and fihng of any coverage agreements, which meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of
~ts employees prowdmg sermces on the project, for the duraUon of the
project,
(2) provide to the contractor, prior to that person beginning work on the project,
a certfficate of coverage showing that coverage ~s being prowded for all
employees of the person prowdlng services on the project, for the duratton of
the project,
(3) promde the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, ~f the coverage period
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person with whom ~t contracts, and provide to the
contractor
(a) a certxficate of coverage, prior to the other person beginning work on
the project, and
(b) a new certxficate of coverage showing extension of coverage, prxor to
the end of the coverage per~od, d the coverage per~od shown on the
current certificate of coverage ends durmg 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) notdy the governmental entity in writing by certd~ed mall 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
prowdmg services on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), w~th the certificates of coverage to be
prowded to the person for whom they are prowdmg services
By slgmng th~s 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 wall provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage w~ll 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, ~n the case of a self-insured, with the conmnsslon's D1vlslon
of Self-Insurance Regulation Prowdmg false or m~sleadtng reformation may
subject the contractor to admmlstratlve penalties, criminal penalties, c~wl penalties,
or other civil actions
K The contractor's failure to comply with any of these prowslons ~s a breach of
contract by the contractor which entitles the governmental entity to declare the
contract voxd ~f the contractor does not remedy the breach w~thm ten days after
receipt of notice of breach from the governmental entity
ORDINANCE NO ~0~'2~-0
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 TIlE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE
(PURCHASE ORDER 00983 TO GREAT SOUTHWESTERN CONSTRUCTION, INC
iN THE AMOUNT OF $1,393,81462 PLUS CHANGE ORDER ONE 1N 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 hawng recommended to the Cotmcfl that a change
order be authorized to amend such contract agreement with respects to the scope of work,
materials, labor and an increase m the payment amount, and smd change order being in
comphance w~th the requirements of Chapter 252 of the Local Government Code, Now,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the change order ~ncreaslng 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), ~s hereby approved and the expenditure of funds
therefor is hereby authorized The master contract amount is amended to read
$1,441,103 25
SE_$_~_QII.Q__N.~ That th~s ordinance shall become effective ~mmethately upon its
passage and approval
PASSED AND APPROVED this the /.~ day of ~j~2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CHANGE ORDER to PURCHASE ORDER 00983 ORDINANCE-2000
901-B TEXAS STREET
PO NUMBER
00983
VENDOR
GREAT SOUTHWESTERN CONST
1100 TOPEKA WAY
PO BOX 849
CASTLE ROCK CO 80104
ATTACHMENT 1
CITY OF DENTON, TEXAS
DENTON, TX 76201
PURCHASE ORDER
DATE/VENDOR NO
02-09-00
GRE54000
DOCUMENT
S21
SHIP TO
ELECTRIC DISTRIBUTION S21
1701C SPENCER RD
DENTOI~205
*** NOTE. THIS PURCHASE ORDER SUPERSEDES P 0.# 00983
ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION
BID NO
TYPE
LINE AMOUNT
01 653
02 653
080 R698 3650 9219 0 O0 TRANSMISSION FACILITIES.
SPECNER TO LOCUST TRANSMISSION LINE REBUILD
CROSSING OF US?7 AT RINEY ROAD
NORTH LAKES SUBSTATION POLE REPLACEMENT
080 R698 3650 9219 0.00 CHANGE ORDER # 1
1,393,814 62
47,288 63
The Qty of Denton, Texas ~s tax exempt-House Bdl No 20
TOTAL FOR P 0
1,441,103 2E
Reference PO Number on all B/L Shipments ~ nvomes
Shipments are FOB City of Denton, or as mdmated By
Purchasing D~wslon
R R Number Items Recmved Date Voucher Number Amount
July 12 2000
CITY OF DENTON, TEXAS
901-A Texas Street
Denton, TX 76201
ATTACHMENT 2
GREAT SOUTHWESTERN
CONSTRUCTION, INC.
ATTN Mr Chuck Sears
RE
FIELD EXTRA WORK ORDERS
Purchase Order Number 00983
Spencer to Locust 691<V Upgrade
North Lakes Substation 69kV Upgrade
US77 and Riney Road Intersection 69kV Upgrade
GSWC Contract No 9933-1
Dear Mr Sears,
Enclosed are the Iollow~ng Field Extra Work Orders numbered 1 through 15
FEWO it AMOUNT
$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 $658 30
11 -$1 380 00
12 -$821 4O
13 -$319 16
14 $553 72
15 $11 70336
TOTAL $47,288 63
Please review and call me should you have any quesbens or comments
Very ~'uly yours,
J Mace Peveler
Project Developer
1 I00 Topeka Way, P 0 Box 849 Castle Rock, Colorado 80104
(303) 688-5816 http//w-wx,, greatsouthwestern corn Fax (303) 688-4416