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HomeMy WebLinkAbout1999-395ORDINANCE NO 99--0. AN ORDINANCE ACCEPTING COMPETATIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 15/20/25 MVA POWER TRANSFORMER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2408 — POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS, INC IN THE AMOUNT OF $441,877) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMB ER CONTRACTOR AMOUNT 2408 Waukesha Electric System, Division $441,877 of General Signal Power Systems, Inc SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the '� day of ' 1999 JACKtMUZER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Lnylj APPROVED AS TO LEGAL FORM HERBERRJT LPROUTY, CITY ATTORNEY BY /,' d'� 14& '� z ` �i BID 2408 - CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET • # 24Qa D. •• POWER TRANSFORMERS NA I Qt , 4ESG IP7'ION VENDOR VENDOR VENDOR VENDOR VENDOR " I Keasler Kuhlman Sunbelt Waukesha Temple Wesco Electric Trans Electric Power Transformer 15/20/25 MVA, 138kV $441,877 $428,892 $446,410 $436,356 $316,800 wye with load tap Changer Short Circuit Test $220,000 DELIVERY 168 DAY 273 DAYS Sept 2000 18-22 wks 37-39 wks NO BID Dealers Electric Wesder Assoc Perferred Sales Cummins Bid # 2408 Power Transformer ATTACHMENT 2 Evaluation Summary Sheet Bid Conformance Base Price Certified no load losses($4072) Certified load Losses($2036) Warranty Adder Field Installation Cost Field Service Cost Short Circuit Testing Delivery to Site Adder Performance Bond Release Total Evaluated Cost Cost to DME (UpFront Dollars) Bid Bond Evaluation Rating Standard Warranty Temple Waukesha Wesco Conforming Conforming Conforming $428,892 00 $448,827 00 $446,410 00 $63,116 00 $61,324 32 $69,224 00 $86,512 00 $84,636 52 $81,440 00 $21,444 60 $25,000 00 Kuhlman Non -Conforming $436,356 00 $53,913 28 $128,084 76 $500 00 $17,856 40 ($6,950 00) $598,964 60 $587,837 84 $639,930 40 $618,854 04 $450,336 60 $441,877 00 $489,266 40 $436,856 00 Compliant Compliant Compliant Non -Compliant 2 1 3 0 Note See Attached Evaluation Sheets For Comments Temple Waukesha Wesco Kuhlman Sunbelt Conforming $316,800 00 $101,800 00 $110,554 80 $316,800 00 $845,954 80 $633,600 00 Compliant 4 Sunbelt 1 Year + Adder 5 Years 5 Years 5 Years 5 Years Certified Losses reference Temp 75C 75C 75c 75C 75C Certified no load losses, kW 1550 1506 1700 1324 2500 Certified load Losses, kW 4200 4157 4000 6291 5430 Total losses, kW @ 25 MVA 5750 5662 5700 7615 7930 Total cooling requirements, kW 1 5 108 0 3 48 Impedance in % at 15 MVA 76 7 7 78 78 Reactive Compensation Cost $29,250 00 $26,250 00 $26,250 00 $29,250 00 $29,250 00 Guaranteed date of delivery 168 Days In Window 273 days 37-39 Wks 18-22 Wks Equipment Specification Exceptions Load tap changer Compliant Compliant Compliant Compliant Compliant Tank Non -Compliant Compliant Non -Compliant Non -Compliant Non -Compliant Construction Non -Compliant Compliant Non -Compliant Non -Compliant Non -Compliant 1133 Experience List Compliant Compliant Compliant Compliant Non -Compliant Vapor Phase Dryout Process Compliant Compliant Non -Compliant Compliant Non -Compliant ISO 9001 Certificate Include Compliant Compliant Compliant Compliant Non -Compliant Aux Equipment Compliant Non -Compliant Non -Compliant Compliant Compliant CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 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 Waukesha Electric Systems Division of General Signal Power Systems, Inc P O Box 268 Goldsboro, North Carolina 27530 of the City of Goldsboro , County of Wayne and State of North Carolina 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 # 2408 - POWER TRANSFORMER in the amount of $441,877 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 CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST APPROVED AS TO FORM CITY ATTORNEY CA-3 CITY OF DENTON (SEAL) v1ky Kjak�h a ac_ lec- 5`n-mms CONTRACTOR 2770l US 0-7 ZE rx MAILING ADDRESS 919 -sue - z� PHONE NUMBER PRINTED NAME (SEAL) Bond No. 929122714 1'MORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric —Systems D1V1aigII OP General Si Power sterns Inc ,and Nati n FBe naurance ompagy coiiZm o and existing wader the laws of the State o Connecticut , and fully authorized to transact business in the State of Texas, firmly the City of Denton, a municipal corporation oras Surety, are held and bound unto ganized aid existing under the laws of the State of Texas, hereinafter called Owner, jn the p� sum of FOUR HUNDRED FORTY ONE THOUSAND BIGHT HUNDRED SEVEMY SEVEN NO 100 DOL ten percent oP stated penal stun as ao additional sum of moat representing ($44tional puts expenses, attorneys' fees, and liquidated dame Y eP f Or ecte additional th al court Identified Contract, in lawful money of the United States, to be paid m Denton County, the below for the payment of which stun well and truly to be made, we hereby bind ourselves, heirs, executors, administrator°, successors, and assigns, Jointly and severally, firmly by these Presents, This Bond shall auto mattcally be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but inno event shall a Change thisOrder or Supplemental Agreement which reduces the Contract price decrease the penal stun of THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal catered into a certain Contract, rdenhfied by Ordinance Number 99-395, with the City of Denton, the Owner, dated the 2 day of NOVEMBER A D 1999, a copy of which is hereto attached and made a part hereof, for BID p 24OR - POWER TRANSFORMER NOW, THEREFORE, If the Principal shall well, truly and fanhlWly perform and fulfill all of the undertakings, covenants, terms, conditions and agreements accordance with the Plans, Specifications and Contract Doc gemsur of said Contras m thereof and any extension thereof which may be 01n0w during the original term to the Surety, and during the life of as Y granted tit the Owner, with this without notice shall also well and trulyY ��' or warranty required under this Contract. alai perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the prinapppear wipal thin a pier oodir �or replace all defects due to faulty materials and ne (1) yCar from date of final completion and finale e of that 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 May Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc ,accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent n 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 bad 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 WTINESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of NOVEMBER 1999 ATTEST Waukesha Electric Systems Division of PRINCIPAL General Signal Power Systems, Inc BY e i --- Pt 6s'+. SE RETARY —T— BY P#omp tr 4s4 'erXMIM onal F e Insurance COUNTERSIGNED SLIMy�any o(ff HeruttffordJ BY E — Q l /\ U Ll—� 11Yf /i++ PD Lawrence W. Waldie, Texas Resident BY Ronda L Pekel Agent ATTORNEY -IN -FACT The Resident Agent of the Surety inDallas of the process is > County, Texas for delivery of notice and service NAME Lawrence W. Waldie STREET ADDRESS 1601 Elm Street, Suite 2100, Dallas, TX 75201 (NOTE' Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) PB-2 STATE OF TEXAS § PAYMENT BOND COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric Sustains Division of General Signal Powet Systems Inc whose address is p O Box 268 Goldsboro, North Carolina 27530, hereinafter called Principal, and Nations ir3 ' e�rapce Company a corporation organized and existing under the laws of the State of --°f—* revs and fully authorized to transact business m the State of Texas, as Sur Connects „t the City of Denton, a municipalco �Y. are held and firmly bound unto of Texas, hereinafter called OOwnerr� � �persons, � B under the laws corporations the State furnish materials for, or perform labor ' nt who may to, m the �o� the b��B or improvements hereinafter referred penal stun of FOUR HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED SEVENTY SEVEN N0/100 DOL ( 1,877) m lawful money of the Umted 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 hens, executors, administrators, successors, and assigns, Jointly and severally, flrmlY 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 shill a Change Order or Supplemental Agreement which reduces the Co price decrease the penal sum of this Bond ntract THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-395, with the City of Denton, the Owner, dated the 2 day of NOVEMBER A D 1999 , a copy of which is hereto attached and made a part hereof, for BID k 2408 — POWER TRANSFORMER NOW, THEREFORE, if the principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, fnms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remam in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall inanywise affect its obligation on this Bond, and it doeshereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 This Bond is given Pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on Arwhomtiservice of process may be had in matters arising out of such suretyslup, as provided by cle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOp, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of NOVEMBER ATTEST. Waukesha PRINCIPAL Electric Systems Division of General Signal Powor SystP.ma, Inc BY �ss4 S ARY COUNTERSIGNED: BY Lawrence W. Waldie, Texas Resident Agent BY V PRE iS�o r SURETY National Fire Insurance Company of Hartford By Ronda L Pekel ATTORNEY -IN -FACT The Resident Agent of the Sure Dallas of the process is Surety in C°untY. Texas for delivery of notice and service NAME Lawrence W. STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract jf Residera Agent rs not a corporation, give a person Is name ) PB-4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies") are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Drew Brach Brian Cook Sharon R Hayward Loretta A Peretti H David Hoovler, James A Dawdy, Ronda L Pekel, Individually of Grand Rapids Michigan their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign seal and execute for and on then behalf bonds undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as 0 such Instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions printed on the reverse hereof duly adopted„ as indicated, by the Boards of Directors of the corporations In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 10th day of August 1999 CONTINENTAL CASUALTY COMPANY a.0ASU9lTy tp a'4�' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD on Pro AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA 3319111 Awl, tJ 60ZZ 4 u SEAL v teal Marvin J Cashion Group Vice President State of Illinois County of Cook, as On this 1 Dllt day of August 1999 before me personally came Marvin J Cashion t6 me known who, being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations, that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority, given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations w 2.1••••••••SI•••••••••� • "OFFICIAL IAI SEAL' j j OIANH F 0R S � �va"�� j Noten PtApe, f9ateeli of INnele 2 MY Cannleslat B*kw oil710 • My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikowskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of November 1999 CONTINENTAL CASUALTY COMPANY �.c�<Ty Ms� W NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA coavorurt °� �.t�aattyc � °u SEAL r t net test Mary A Ribikawskis Assistant Secretary (Rev 1Oil 197) 4008 PRAIRIE AVENUE* WAUKESHA, WI 531 SB-5240 " (41 41 547-01 21 • FAX (41 41 521 - 01 9B www waukesheelectric com POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED, WAUKESHA ELECTRIC SYSTEMS, a division of General Signal Power Systems, Inc, ("Waukesha Electric Systems"), does hereby make, constitute and appoint Steven Harder, who is employed by Waukesha Electric Systems, as its true and lawful attorney to execute and deliver on behalf of Waukesha Electric Systems any and all proposals, bids and contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business of Waukesha Electric Systems, provided that no such individual proposal, bid or contract snail exceed one million dollars ($1,000,000) All such instruments and documents, when executed by said attorney on behalf of Waukesha Electric Systems, shall be binding as fully and to the same extent as If executed on behalf of Waukesha Electric Systems by its Vice President -Finance This authority does not extend to a the execution of surety or performance bonds, b the collection, receipt and recovery of monies due or to become due to Waukesha Electric Systems and the issuance of receipts, credits and releases for the payment thereof, c the signing of any notes, contracts, or any other agreement to borrow money in the name of Waukesha Electric Systems, and d the signing, on behalf of Waukesha Electric Systems, of any deeds, abstracts, offers of purchase, or any other instruments pertaining to the purchase or sale of real property This authority shall remain in full force and effect for one year from the date hereof unless otherwise revoked in writing by an officer of Waukesha Electric Systems IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney this 25th of March, 1999 WAUKESHA ELECTRIC SYSTEMS, a division of General Signal Power Systems, Inc Nancy Dickman Vice President -Finance N afiN*kWA dq"mtwa do CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Binder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein ijf' an apparent low bidder furls to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses • Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to clamis 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 clanns-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 1XI 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 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 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 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 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 BID PROPOSAL BID NUMBER City of Denton, Texas 901 A. Texas St. Purchasing Department Denton, Texas 76201 Power Transformer 15/20/25 MVA, 138 kV Delta-13 2 kV Wye with Load Tap Changer Page 2 of 3Q e: We quote the above f o b delivered to Denton, Texas Shipment an be made in 3IiS days from receipt of order otherwise indicated d¢8,82_'1,00 Terms net/30 umess In submitting the above bid the vendor agrees that acceptance of any or all bid items by the City of Demon Texas within a reasonable period of time constitutes a contract The complete Bid Proposal must be properly priced signed and returned Mading Address �o�-DSO r14L 2"1534 City State Zip 919 S9C) 3,23E 919- Sso• 32s-9- Telephone Fax Number W a. T-e'0- SysTt=►"1S r /company Signature Em a , A ^ita LQ Pnm/Type Name AcPV-"UCA-ruo/�I E:46f4met, Title Rep- Keasler Associates Regional Mgr: Rensi Fax No. (972) 669-4060 Date- 08/30/99 Please refer to the "Q" number when corresponding or placing an order Quotation No F0516-SH To- City of Denton 901-B Texas St. Denton, TX 76201 Attn- Mr Tom D Shaw Subj- Bid Number 2408 - Power Transformer We are pleased to offer our quotation for the following- 1 TYPE Outdoor, oil immersed, 2 wmdmg transformer with LTC 1 $ 448,827 (N) KVA RATING 15000 / 20000 / 25000 / 28000 COOKING CL OA / FA / FA, 55°C / 65°C Rise PRI VOLTAGE 138000 Delta 550 KV-BIL SEC VOLTAGE 13200 GrdY / 7620 110 KV-BIL 2 DEDUCT Agreeing to the terms of the attached Maintenance Warranty Addendum as it applies to the performance bond Per Unit $ 6,950 00 3 ADDER Short Circuit Test Per Test $ 220,000 00 Steven D Harder Application Engineer Page 1 WAUKESHA ELECTRIC SYSTEMS GS P O BOX 268 • GOLDSBORO, NC 27533 QUOTATION Page 2 NOTES/COMMENTS/EXCEPTIONS 1) Sales/Use taxes are not included in the quoted price(s) 2) Payment terms are net 30 days from date of invoice 3) Transformer quoted will be manufactured and shipped from Goldsboro, NC 4) This quotation is submitted in accordance with your specification and/or request with the following comments Page 13 - The drawing submittal schedule shall be as stated herein Page 25 - Short circuit test, if required, must be purchased per the adder shown on page 1 of this quotation Page CA-2 -Under no circumstances will the contractor be liable for special or consequential damages WAUKESHA ELECTRIC PRICE POLICY Prices quoted herein are m based upon the following conditions 1) Factory acceptance of a written purchase order or contract, which must be received at Waukesha Electric by October 30, 1999 2) For orders requiring drawing approval, a release to immediately proceed with production must be returned to Waukesha Electric within 14 days after drawing submittal in order to maintain scheduling dates DRAWING SUBMITTAL & SHIPMENT 1) Upon acceptance of an order, Waukesha Electric will purchase major materials for the transformer as specified in the purchase order and our acknowledgment Changes made by the customer to the specifications after order placement may result in price adjustments and delay in shipment 2) Please allow 16 to 20 weeks for outline and nameplate submittal 3) Final drawings and instruction books will be submitted prior to shipment 4) A production slot has been reserved for shipment of this unit between September 15 and October 15, 2000 as specified This includes drawing submittal, review and return, and manufacturing lead time TERMS & CONDITIONS Refer to the attached Terms & Conditions WES Terms & Conditions are an integral part of this quote and can not be changed unless agreed upon by WES WARRANTY Refer to the attached warranty offered with this bid proposal WAUKESHA ELECTRIC SYSTEMS GS P O BOX 268 f GOLDSBORO, NC 27533 QUOTATION Page 3 TRANSFORMER ACCESSORIES The following is a list of features and accessories furnished with the transformer(s) quoted, Listing is for items that are notregmred per Applicable ANSI standards "NOTE, All gauges are Weiss or equal' All gauges and accessories as specified Current transformers as specified Ground bus Inert gas system/regulator for constant pressure, w/mtrogen bottle Sudden pressure relay w/seal-m panel Surge arresters (shipped separately) Pressure relief device w/contacts External core ground connection De -energized tap changer The Load Tap Changer quoted is a Waukesha Electric UZD Resistive type in the secondary winding, KVA and voltage ratings per ANSI C57 12 10 The Waukesha Electric UZD type LTC is equipped with a Maintenance Free Dehydrating Breather, WES type Oil Filtratton System, and Viewing Ports The addition of theses features will reduce maintenance cost and extend the life of the LTC Special LTC controls & accessories as specified Detachable radiators (shipped detached) Complete two stage forced air cooling Copper windings Fnush and paint requirements as specified Undercoating The external tank bracing members will be used to route all control wiring and capillary tubing unless specifically disapproved. Sound level periNEMA Standard Standard ANSI tests Temperature test results from a thermally duplicate unit Frequency Response Analysis WAUKESHA ELECTRIC SYSTEMS GS P O BOX 268 • GOLDSBORO, NC 27533 QUOTATION Page 4 SHIPMENT Shipment will be via truck, FOB destination, freight prepaid and allowed NOTE There must be no unusual conditions that prevent access to the job site or pad by the tractor/trailer If access cannot be accomplished due to inaccessibility or unsafe conditions, all costs involved in delays or return traps will be the responsibility of the customer OIL DELIVERY Oil will be delivered via tanker truck Delivery and/or installation of oil must be coordinated through our Field Service Manager, Rick Braswell - Telephone 919-580-3219, Fax 919-580-3254 Oil is tested at the refinery for PCB's per ASTM, D4059 The reported limit of sensitivity is less than 2PPM CRANE SERVICE Crane service for placing the transformer onto the pad or designated unloading spot will be contracted and paid for by Waukesha Electric Clear, safe access to the unloading site must be available ASSEMBLY SERVICE The following will be provided by Waukesha Electric as part of our assembly service Installation of items removed for shipment Processing and filling the unit with oil Field tests as specified or required to verify that the unit is ready to energize NOTES- 1 Assembly Service must be scheduled through our Field Service Manager after delivery of the unit Contact Rick Braswell, Telephone 919-580-3219, Fax 919-580-3254 A scheduled start date will be provided dependent on current workload and weather conditions at your location 2 There must be no unusual circumstances that prevent access to the job site or pad by the tractor/trailer If access cannot be accomplished due to improper or unsafe site conditions, all costs involved for delays or return trips will be the responsibility of the customer Removal of any wooden skuls/crates from the job site after unit assembly will be by others WAUKESHA ELECTRIC SYSTEMS GS P O BOX 268 • GOLDSBORO, NC 27533 QUOTATION Page 5 CIRCULAR CORE AND COIL CONSTRUCTION A core type transformer is quoted herein with circular core and coil construction The stacked cruciform core and circular winding assembly is securely braced using rigid box type clamping This construction is superior to wound core or non -circular shaped cores with non -circular windings when subjected to short-circuit conditions Non -circular wound transformers are intended for less critical applications and small distribution class units THROUGH FAULT CAPABILITY All Waukesha Electric transformers are designed and manufactured to meet short circuit requirements as outlined in ANSI C57 12 00, Section 7 LOADING CAPABILITY Our transformers are designed to carry short tune emergency overloads in accordance with ANSI C57 92 Keep in mind that this standard is a guideline for emergency conditions only and should not be used to determine continuous overloads MEASUREMENT OF LOSSES Waukesha Electric utilizes a loss measurement system that is traceable to the National Institute of Standards and Technology and is in complete compliance with NBS Technical Note 1204 Waukesha Electric guarantees the lughest degree of accuracy for both load loss and no load loss measurement through the utilization of state of the art equipment which incorporates zero flux current transformers, SF6 filled capacitor dividers, and a self calibrating computerized control system Typical System loss measurement error, No Load Losses = 0 30%, Load Losses = 0 60% Performance Specification For DENTON MUNICIPAL ELECTRIC Quotation No 516 Item No I Project Name South Substation Transformers PERCENT IMPEDANCE VOLTS % Windings At MVA 70 H-X 15000 O8/26/99 4 10 PM Central Time AUXILIARY LOSSES AND SOUND LEVEL MVA Class Aux Loss (Watts) Sound Level dB 150 200 250 OA 00 FA 540 FA 1,080 72 74 75 PERFORMANCE BASED ON A LOADING OF HV Winding XV Winding 138,000 Volts @ 150 13,200 Volts @ 150 MVA MVA EFFICIENCIES Base MVA = 100% Load 100% 75% 50% 25% Percent 9963 9966 9966 9953 Y ZZ 6ZLu � Z On 4 R o 5> W Jo IL Q�4.�Os�i O amC�O N H 4 to t0 h 00 S Fi O CUSTO R YEAR KVA PRIMARY SECONDARY SIGN PASSED/ kV kV FAILED Carolina Power & Light 1970 3750 23 4 80 Y Rectangular Failed Piedmont EMC 1975 7500 115 13 20 Y Round Passed Memphis Light Gas & Power 1976 7500 23 12 47 Y Auto* Failed** Developmental 1979 1000 1247 4 80 Y Rectangular Failed Central Maine 1979 5000 344 1247 Round LTC Passed Utah Power & Light 1979 10000 43 8 24 9 X 12 47 Y Round Passed Developmental 1981 5000 69 1247 Elliptical Passed TESTS WERE PERFORMED PER APPLICABLE IEEE AND ANSI STANDARDS * This design was auto with external tap range and low impedance ** Failed twice Customer accepted This document is the property of Waukesha Electric Systems, and is loaned subject to return upon demand its contents are confidential and must not be copied or submlued to outside parties for use or examination All rights to design or invention are reserved by Waukesha Electric Systems Terms and Conditions of Sale ACCEPTANCE, GOVERNING PROVISIONS, AND CANCEL- LATIONS No orders shall be binding upon Seller until accepted in writing by the Seller at Its headquarters office or at its plant handling and processing such orders The Seller's acceptance of the Buyer's order Is conditioned upon the Buyer's assent that the terms and conditions set forth herein shall be deemed as part of such order No modified or other conditions will be recognized by the Seller unless specifically agreed to in writing, and failure of the Seller to object to pro- visions contained in any purchase order or other communi- cation from a Buyer shall not be construed as a waiver of these conditions nor an acceptance of any such provisions No order accepted by the Seller may be altered or modified by the Buyer unless agreed to In writing by the Seller and no such order may be cancelled or terminated by the Buyer except with the written consent of the Seller and upon payment of the Seller's loss, damage and expense arising from such cancellation or termination Any agreement of purchase or sale shall be construed in accordance with the laws of the State of Wisconsin 2 PRICE POLICY Unless otherwise stated prices only shall be firm for shipment within the quoted leadtime 3 TERMS OF PAYMENT Unless otherwise specified, terms of payment are net 30 days from date of shipment There will be a 1-1/2% charge per month of the total invoice price beginning 30 days after date of Invoice but the amount shall not be in excess of the applicable usurious rate 4 TAXES Price does not Include sales, use, excise or other taxes for which Buyer assumes liability wherever applicable to this contract 5 FREIGHT Prices are FOB jobsite or nearest accessible railsiding freight prepaid and allowed Sellur retains risk of loss until delivery provided Buyer agrees to Inspect the equipment within 72 hours of arrival and advise Seller and carrier of any observable damage or irregularity pursuant to Sellers Receiving Instructions Any detention charges by the carrier are the Buyer's responsibility 8 DELIVERY AND DELAY Seller shall not be liable for any loss or damage as a result of any delay in delivery or Installation due to any pause beyond the Seller a reasonable control including without limitation, an act of God, act of Buyer embargo or other governmental act or authority regulation or request fire theft, accident strike, slowdown, war, riot, delay in transportation, Inability to obtain necessary labor, materials or manufacturing facilities In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of delay If shipping or progress of work is delayed or interrupted for any cause for which the Buyer is directly or Indirectly responsible, and additional coats (including storage costa) are Incurred by the Seller due to such delays, the Buyer shall reimburse the Seller for such added costs plus reasonable profit thereon 7 INSTALLATION All equipment shall be installed by and at the expense of Buyer unless otherwise stipulated Assistance in initial operation of certain equipment and instruction of operators may be given as normally required Additional assistance requested by the Buyer shall be chargeable at standard rates plus living and travel expenses, unless otherwise stipulated 8 WARRANTIES Seller warrants the equipment to be free from defects in material and workmanship for a period of one year after delivery by the Seller If within such period any such TRANSFORMER r TERMS AND CONDITIONS v J' Page 1 of 1 equipment or parts shall be proved to Seller satisfaction to be defective such equipment or parts shall be repaired or replaced at the Seller's option removal and installation to be at Buyers expense Seller's obligation hereunder shall be limited to such repair and replacement F O B Its factory, and shall be conditioned upon Seller's receiving written notice of any alleged defect within ten (10) days after its discovery and, at Sellers option return of such equipment or parts prepaid to its factory This warranty shall not apply to equipment or parts which have been subjected to negligence, accident damage by circumstances beyond Seller's reasonable control or improper operation maintenance or storage, or modification by Buyer The foregoing warranty shall be void and not apply if the equipment in question has not been fully protected by properly installed and coordinated voltage surge suppressors current overload, and other current protective devices These devices must be rated set and adjusted to protect the equipment in accordance with up-to-date commonly accepted industry standards and practices Under no circumstances will Seller be responsible for damage in excess of the sale price to Buyer for the goods and/or services for which damages are claimed THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT TITLE) INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE AND STATES SELLERS ENTIRE AND EXCLUSIVE LIABILITY AND BUYER'S EXCLUSIVE REMEDY CONSEQUENTIAL DAMAGES SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER 9 PATENTS Seller will indemnity Buyer for alleged infringement of any patent relating to the equipment furnished by the Seller hereunder provided such alleged infringement shall consist of the use of said equipment or parts thereof in Buyer's business for any of the purposes for which the some were sold and provided Buyer shall give to Seller immediate notice in writing of any such suit Seller within a reasonable time will at its own expense, replace such equipment with non -infringing equipment or remove the said enjoined equipment and refund the sums paid therefore These provisions however shall not apply to any patented equipment or device or part specified by the Buyer 10 SUBSTITUTES, CHANGES AND IMPROVEMENTS Factors beyond the Seller's control and the need for continuing improvement of products may require changes in products from time to time The Seller reserves the right to make reasonable changes of products of any kind without notice and to deliver revised designs or models of products against any order unless the right is specifically waived in writing The Seller shall have no responsibility whatever with respect to changes made by the manufacturer of products sold but not manufactured by the Seller 11 RETURNS Goods may not be returned for credit until and unless the Seiler has given consent in writing to accept them Materiels not normally stocked by Seller will not be accepted for credit allowance except at the Seller's option Materials returned without Sellers approval will be credited at Seller's evaluation A minimum 15% restocking charge, plus freight charge, will be Imposed on the return of stock items when such returns are authorized by Seller TC06 196A ul LU VN, h Ott 10 m a m 3 12/15/99 14 35 RON RON-GRAND RAPIDS -> 940 349 7302 NO 125 P002/005 ""' � - DevuMMroanvl PRODUCER Aon Risk Services, Inc. 171 Monroe Avenue N N suite 525 Oland Rapids BEI 49503 616-336-0416 _ INBURCn Waukesha Electric Systems SPX COAPaaation 700 Terrace Point Drive Muskegon MI 49443-3301 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURAR tAytrommF,ow EXCLUSIONS AND CONDITIONSOF SUCH POLICIESLIARS SHOV TYPE Of INSURANCE POLICY NUMBER ML YASILIYY nFNFR�AL'ABILITY DR82314068980 CLAIMS MADE l J OCCUR OWNER a A CONTRACTOR K PROT AUTOMOBILE UABIWTV A E ANY AU I PILL OWNED AUT05 A SCHEDULED AUTOS E HIRED AUTOS A X NON OWNCD AUT06 USE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OYNEA THAN I IMRRFL�FC WORKERS COMPEMAYION AND EMPLOVERB LIABILITY INCL DRR2314071981 DR1E8314070909 XM8230020 fA Q aHideliSy Co. HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ION OF ANY ('ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ORDER BY THE POLIC166 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE IAIMIDOMVI DATE IMMIODIYVI GENERAL AGGREGATE - 1 SODOOOO 11/15/98 1/01/00 PRODUCTSGG 1 _COMPIOPA5000000- PERSONAL AAOVINJURY 1 5000000 CACH OCCURRENCE _ F 3000000 FIRE DAMAGE IAny ORE IIMI 1 2000000 ME PI YFRR' 1 25000 COMBINED 51N&B LIMIT 1 „LAR000 il/15/98 1/01/nn _ J�.Y_L�'LL BODILY INJURY 1 11/15/98 1/01/00 (Pr pMfonl BODILY INJURY 1 11/15/90 1/01/00 IPEI A1CNEl11 PROPERTY DAMAGE 1 THAN AUTO ONLY El,LMJ.I BJ - — ACCIOENT Cc onN Iry I IMIY 1 a EBCMP110N OP OPBMTIONBM14CATICNSMNICIFBaPECUI ITEMS REF City of Denton Did 82408 - power Transformer **This certificate VOIDS & replaces certificates dated 11/17/99 and 12/7/99•• sae aEtsohad a s for additional insosalstion „..,< 1311114 SHOULD ANY OF THE ABOVE DEECPJKD POLICIES BE CANCEUJiO BEFONE IHE CITY Of D$RTO3P EXRflATION DAME THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTNN TOM BH'A9/ 3_� DAYS WRITTEN NOTICE TO THE CKR7IPICATE MOLDER MAMBO TO THE LEFT 901-n THE%La eTaaRa' PI(� (NWY3 TO MNL EVCN NM16. iNNA IYMEE NO OWOATIRN ON YII.INTY 90NTON TX 76201 OF ANY KIND UPON THE COMPANY In ENTB OR RBBREEENTATIVEE .Inun.iim&AFRfA6MTATNE _ 04556600 �r� w 12/15/99 14 35 PON PON-GRAND RAPIDS 4 940 349 7302 NO 125 P003/005 Attachment to ACORD Certificate for. Waukesha Electric Systems, SPX Corporation e terms fftions and rherebyLud below are eo icete as addiiinnal ion of the 6uvnage aorded by the inaueriarib lThiattachmntdoes not contain Twmnanditmnscoverages at exclusions contolnod in tho Policy CERTIFICATE -HOLDER I COMPANIES AFFORDING COvERAGE CITY of DENTON ATTN Tom Shaw 901-B Texas Street 76201 A U S Fidelity A SiaAranty Company a c E The cancellation provision on this Certificate of Insurance is amended as follows Said policy shall not be cancelled, nonrenewed or materially changed' without 30 days advanced written notlt,e 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 "Material Change means a slgniNcant redaction in the provisions of the poNay or the Afmit of coverage for the polhy In place today. Additiuiial Inzsuied. City of Denton, its Officials, Agents, Employees and Volunteers Aurhodynd Representative Aon Risk Servlcas 12/1 s199 12/15/99 14 35 RON RON-GRAND RRPIDS 4 940 349 7302 NO 125 P004/005 DATE IN aRoouceR THIS CERTIFICATE IS 1813 AS A MATTER H INFO) ONLY AND CONFEREE NO PIIQHTS UPON TB [•PR ATDa Risk Sarvicsa, Ino ALTER THEHCOVERAGE AFFORDED BYTTHE POLICIES 171 xoaros Avenge W N COMPANIES AFPORDIq C0VFR6ft-- Suits 525 Grand Rapids MI 4OB03 COMPANY Grand- 616-336-0415 _ II 9 Fidelit�a auarant Ca. INBUMO COMPANY Waukesha electric Systems sox corporation OOh"AN° c 700 Terrace Point Drive -- ' Nuskegon NI 4944d-3301 COMPANY D W x ' . ; I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INIJILAI MAY)BESISSUED 00 MAYS PERTAIN THE INSURANCECONDITION AFFORDED BY THE POL CIES DESCRIBED HEREIN N 5 SUBJECT TOT WITH T L� HEWHICH CERTIFICATE TERMS LUSIONS AR,Ip CONDITIONS OP SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS 00 POLICY NUMB{R POUOY EFFECTIVE POLICY EXPIRATION UNITS LTA TYPE OF INSURANCE _- DATE IMMODIYY) DATE IMMAIDNYI GENERAL_ AGGREGATE 1 _ GENERAL LIABILITY PRODUCTS COMPIOP AGO 1 COMMERCIAL GENERAL LIABILITY PERSONAL A RON INJUR P _ CLAIMS MADE a OCCUR EACH OCCURRENCE _ GWrNER 9 & CONTRACTOMD PROT FIRE OAMAOE IARY nno Flrsl 1 _ MID 6PP IAIH NO II 1 )MOBILE UASIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUT05 NON OWNED AUTOS LOS UAIPLITY ANY AUTO EkgFPA I IARII YFY UMBRELLA FOAM WORRIES COMPENSATION AND A EMPLOYERS LIABILITY A THE PROPRIETOPI PAATNERSIHXECUTIVE UFMGUHA Aft OTHER DRR2314063988 INCL I DR62314066982 COMBINED SINGLE UMIT 1 BODILY INJURY 1 SM) DKMPI _ BODILY INJURY I IPA'.mdEA11 PROPERTY DAMAGE I AUTO ONLY EA ACCIDENT 1 OTHER THAN AUTO ONLY 11/15/99 1/01/00 j 61. EACH ACCIDENT 11/15/98 1/01/00 SDI6@ASE POLICY LIMIT 1 s IEICMPTION OF OPERATIONSBACAyIQNSFAISCMAPECHAL. ITEMS RRI City of Denton Did #2408 - Power TraneEOrmar —Thin certificate VOIDS a replaces certificates dated 11/17/99 and 12/3/99•R CITY Of DBNTON ATTNI TON 9KhW 901-11 TEXAS STRRRT DENTON Tx 76201 SHOULD ANY OF THE ABOVE DESCRIBED POU01E6 11 CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 GAYS WaTT6H NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT WY O.WAE TO MAIL SUCH NOVICE SHALL IMPOEF NO OSMOATION OR MAI MTV 45566000 12/15/99 14 35 AON RON-GRAND RAPIDS 4 940 349 7302 NO 125 P005/005 Attachment to ACORD Certificate for Waukesha Electric Systems. SPX Corporation herebyThe terms, conditions and provisions noted below ArA cate as addit al the coverage a torrind by the insurarlsi This attchm attachment tnot contain terms, cll conditions, coverages lorrexclusionaion of CERTIFICATE -HOLDER CITY of DENTON ATTN Tom Shaw 1 sin 1.9 Texas Street COMPANIEb AhhORDING COVERAGE ADDITIONAL POLICIES It a policy below does not include limit Information, rotor to the Corresponding pollrN uii the ACURD canITlpete corm Ter uvvwy Policy Co Type of Insurance Policy Number rollry xpir Limits to Lt A orkers' Compensation & DRE2314066081 11/15/9R 1/1/00 6 Employe: s Liability A nrknre' Compensation & DRE2314064984 11/15/98 1/1100 A moloyer's Liability A orkers' Compensation & DRE2300002900 1/1199 1/1/00 i mployers' Liability All Workers' Compensation polirina described on this Certificate of Insurance are subject to a Self Insured Retention of 6350 000 - Each Claim - Workers' Compensation - Coverage A $360,000 - Each Claim - Employer's Liability - Coverage 6 $350 000 - Disease Each Employee - Employer s Liability - Coverage B Limits of Liability shown for all Workers Lorhpensatlon policies oescrlbed on ties Cut ufwats of Insurenea are in axcoca of the Self insured Hetention limits shown above The cancellation provision an this Certificate of Insurance is amandad as follows Said nnliry shall not be cancelled nonfenowed or materially changed' without 30 days advanced written notice being given to the owner icity) except when the policy is being cancelled for nonpayment of premium in which case 10 days advanc written notice is required o *MaleAd Change manta a significant roductlon In the pruwalurrs of the poNGy or the Nmlf of aovarage for this poicy in piece today. Waiver of Subrogation is included in Wnrknrs' Compensation policies described hereon Authorized Representative Aon Risk Services 1