2000-250ORDINANCE NO 000 _A50
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 the day of 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Bq&~'
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Byco / R -
CHANGE ORDER to PURCHASE ORDER 00983 ORDINANCE-2000
901-B TEXAS STREET
P NU
00983
ATTACHMENT 1
CITY OF DENTON, TEXAS
PURCHASE ORDER DENTON, TX 76201
DATE/VENDOR NO DOCUMENT
02-09-00 S21
GRE54000
VENDOR SHIP TO
GREAT SOUTHWESTERN CONST ELECTRIC DISTRIBUTION
1100 TOPEKA WAY
PO BOX 849 1701 C SPENCER RD
DENTO 205
CASTLE ROCK CO 80104
NOTE THIS PURCHASE ORDER SUPERSEDES P 0 # 00983
S21
TYPE
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
TOTAL FOR P 0
1,441,103 25
The City of Denton, Texas is tax exempt-House Bill No 20
Reference PO Number on all B/L, Shipments nvoices
Shipments are F O B City of Denton, or as mdicatad
By
Purchasing Division
RR 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 69kV Upgrade
GSWC Contract No 9933-1
Dear Mr Sears,
Enclosed are the following Field Extra Work Order's numbered 1 through 15
FEWO k AMOUNT
1
$3,38370
2
Deleted
3
$8,28880
4
$4,85750
5
$10,01775
6
$7,859 3
7
$47874
8
$2,00802
9
Deleted
10
$66830
11
-$138000
12
$82140
13
-$319 16
14
$55372
15
$11,70336
TOTAL $47,288.63
Please review and call me should you have any questions or comments
my yours
Very
'UI
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
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 Southmstern,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 clamis 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 tune stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST 4 *1
(SEAL)
ATTEST
APPROVED AS TO
CON -
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
BY
TITLE
PRINTED NAME
(SEAL)
CA-3
NOV 2 2 RECD
BOND NO KA0620
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That GREAT SOUTHEWESTERN
CONSTRUCTION, INC, hereinafter called Principal and FIDELITY AND GUARANTY I,NSURANCE*
a corporation organized and existing under the laws of the State of Wisconsin , and fully
authorized to transact business in the State of Texas, ds Surety, are held and Firmly bound unto
the City of Denton, a muructpal 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 1-11)NDRFn PAIMTFLt, Tdm T Aoc
rtivu JUtir t i wU l tn►J (J Z 3513,814 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 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
City of Denton, the Owner, dated the 16 day of NOVEMBER A D 1999, a copy of which is
hereto attached and made a part hereof, for BID N 2394 & 2395 - TRANSMISSION LINES
SPENCER TO LOCUST 69KV UPGRADE NORTU I AL-RC er Inc rerrnwr env.,
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms conditions and agreements of said Contract in
accordance with the Plans, Specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly 3uth0r7Ld modifications of paid Contract that may
hereafter be made, nonce 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 rem = in full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall lie in Denton County, State of Texas
AND PROVIDED FURTHER that the said Surety for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does-hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of Process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in a copies each one of which
shall be deemed an original, this the 16 day of NOVEMBER 1999
ATTEST
BY PWk~ -4,
3 C AR
PRINCIPAL
GREAT SOUTHWESTERN CONSTRUCTION, INC
BY
%(9~' -ti
PRESIDhNT
A Witness
SURETY
FIDELITY AND GUARANTY INSURANCE UNDERWRTTERS, INC
BYk
ATT RNACT Sue Martin
The Resident Agent of the Surety in Denton County Texas for deliver} of notice and service
of the process is
NAME jav Ha1a
STMET ADDRESS St Paul Surety, 8144 Walnut Hill Lane Suite 1199,
Dallas, TX 75231-4345
(NOTE Date of Performance bond must be date of Contracr If Resident Agent is not a
corporation, give a person's name )
PB 2
MEMBER
MOODY INSURANCE AGENCY, INC
®
3773 CHERRY CREEK NORTH DRIVE, SURE 800
DENVER, COLORADO 80209 3804
PHONE 824.6600
~.S
BOND NO KA0621
STATE OF TEXAS §
COUNTY OF DENTON §
PAYMENT BONA
.KNOW ALL MEN BY THESE PRESENTS That GREAT SOUTHWESTERN
CONSTRUCTION, INC whose address is 1100 Topeka W'ay, P 0 Box 847, Castle
Rock, -CO 80104, hereinafter called Principal, and FIDELITY AND GUARANTY NSURANCE*
a corporation organized and existing under the laws of the State of sconsin , and fully
authorized to Uansact business in the State of Texas, as Surety, are field and firuily bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereloafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or unprovements hereinafter referred
to, in the pedal sum of ONE MILLION THREE HUNDRED NINETY THREE THOUSAND
EIGHT HUNDRED-FOURT EN DOLLARS AND SIXTY TWO CENTS ($1,393,814 62) in
lawful money of the United States, to be patd in Denton County, Texas, for the payment of
which aum well and truly to be made, we hereby bind ourselves, our heirs, executors,
admirustrators, 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
Cit)- of Denton the Owner, dated the 16 day of NOVEMBER A D 1999 , a copy of which
is hereto attached and made a parl hereof, for BID ,Y 2394 & 2395 - TRANSMISSION
LINES SPENCER-TO LOCUST 69KV UPGRADE NORTJA I.AKFS sriacTATrroJ An17V
NOW THEREFORE if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subwntractors, corporations and claimants
supplying labor andlor material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond exclusive venue
sban-lie in Denton County Texas
AND PROVIDED FURTHER that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of 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
Goverarnent 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
BY _
SECECRE'PAR
R
PRINCIPAL
GREAT SOUTHWESTERN CONSTRUCTION, INC
BY /.ej7 /1,62-?¢
PRESIDENT 1 -
3tiM Witness
SURETY
_ FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC
BY Q
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
(VOTE Date of Payment Bond must be date of Conran
corporation, give a person's name )
-4
MOODY INSURANCE AGENCY, INC.
3773 CHERRY CREEK NORTH DRIVE, SURE 800
DENVER, COLORADO 80209-3804
PHONE 8246600
If Resident Agent is not a
Thesffh0l
Power of Attorney No
Seaboard Surety Company
St Paul Fire and Marine Insurance Company
SL Paul Guardian Insurance Company
St, Paul Mercury Insurance Company
POWER OF ATTORNEY
20608
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
Certificate No 216704
KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duty organized under the laws of the State of New York and that
S[ Paul Fire and Maine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, 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 (herem 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 the City of Denver Colorado
State then true and lawful Attorney(s) in Fact
each in [lieu separate capacity if more than one is named above to sign its name as emery 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
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted many actions or proceedings allowed by law
IN WITNESS WHEREOF the Companies have caused this instrument to be signed this 9th day of June
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
SL Paul Mercury Insurance Company tAEL ~ !EG!!! 1927 A hia"Mall,
E eA CVice President
!a r\~ e
State of
City X41 pY~" .wS~49, Q R L
of Baltimore
~g MICHAELR MCKIBBEN Assistant Secretary
On dos 9th day of J e r S 99
Michael R McKibben who acknowledged themselves to ce me the undersigned officer personally rely C appeared paMichael
ng S B Keegan and
a $ t Secretary respectively es Seaboard Surety Company St Paul Fire and
Marine Insurance Company, St Paul Guardian Ins ui smance Company United States Fidelity and Guaranty Company Fidelity and
Guaranty Insurance Company, and Fidelity and Guity Inc and that they as such being authorized so to do executed the foregoing
mstmment for the purposes therein contained by signing as of "t`hte, aspirations by themselves as duly authorized ooyffi/aceerrsi
M
Witness Whereof, I hereunto set hand and official seal
My Commission expires the 13th day of July 2002 d' `w0 o
ocno.v.
rGCORQ
ik
t
~
DA (9
1L1 y INSURANCS
k
R
Sw ^RA■
s
PRODUCER 1903) 824-6600 FAX (303) 370-0118
19199/199
11/
S
: r..,,. 9
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
oody Insurance Agency, Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3773 Cherry Creek North Drive
Y
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Suite 800
COMPANIES AFFORDING COVERAGE
Denver, CO 80209-3804
COMPANY Transcontinental Insurance Cc (CNA)
Attn Pat Gallagher Ext
A
INSURED
COMPANY American Casualty Cc of Reading PA (CNA)
Great Southwestern Construction, Inc
B
P 0 Box 849
COMPANY United States Fire Insurance Cc (C&F)
Castle Rock, CO 80104
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED 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
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION
DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE $ 2,000,060
X COMMERCIAL GENERAL LIABILITY
PRODUCTS COMP/OP AGG $ 2,000,000
A CLAIMS MADE X OCCUR C135110255
12/31/1998 12/31/1999 PERSONALS ADV INJURY $ 1,000,000
OWNERS S CONTRACTORS PROT
EACH OCCURRENCE $ 1,000,000
X B1kt Addl Insured
FIRE DAMAGE (Any one fire) $ 50,000
X Project Aggregate
NEDEXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
X ANY AUTO
COMBINED SINGLE LIMIT $ 1,000,000
ALL OWNED AUTOS
BODILY INJURY $
B SCHEDULED AUTOS C135110272
12/31/1998 12/31/1999 (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
GARAGELIABILITY
AUTO ONLY EA ACCIDENT $
ANY AUTO
OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $ 5,000,000
C X UMBRELLA FORM 5530674114
12/31/1998 12/31/1999 AGGREGATE $ 5,000,000
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
WCS7AiU 1) 1H
TO
RY LIMITS ER
EMPLOYERS LIABILITY
0135110269
A
EL EACH ACCIDENT $ 500 , 000
12/31/199$ 12/31/1999
THE PROPRIETOR/ X INCL
PARTNERVEXECUTIVE
EL DISEASE POLICY LIMIT $ 500,000
OFFICERS ARE EXCL
EL DISEASE EA EMPLOYEE $ 500 , 000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEgi$PPCIAL ITEMS
tE 69 KU Transission on Facilities Upgrade
)ee the Attached for Special Clauses
~ R'R~I A7~ r~at.t~p 's>, , , , ( ~ i
CAI+#~.I.AT11~1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Denton
Texas
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
,
Attn Tom D Shaw, C P M
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Purchasing Division
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
901-13 Texas Street
OF ANY KIND UPON THE COM Y ITS AGENTS OR REPRESENTATIVES
Denton, TX 76201
A DREPRESENT IVE
~lL
A000016,41 X1100)
& OIORD OOMPATION 1040
City of Denton, Texas
Certificate issued to City of Denton, Texas 11/19/1999
Mood Insurance Agency, Inc
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 avmlabdtty of insurance certificates and endorsements as
prescribed and provided herein If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract Upon
bid award, all insurance requirements shall become contractual obligations which the
successful bidder shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the protect Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least A
• Any deductibles or self-insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses
• Liability policies shall be endorsed to provide the following
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
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 IO 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 clamis 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 As 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
[X] 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
[xl
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
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the mimmum 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)
4
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[1 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%0 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
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the comnussion, 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 lunitation, 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 mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity