HomeMy WebLinkAbout2001-007ORDINANCE NO AOO/-- ''
AN ORDINANCE APPROVING A SECOND AWARD ON AN ANNUAL CONTRACT FOR
THE PURCHASE OF TWO ADDITIONAL POWER TRANSFORMERS, REJECTION OF
CERTAIN BIDS NOT MEETING SPECIFICATIONS, PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2557-POWER
TRANSFORMERS AWARDED TO WAUKESHA ELECTRIC SYSTEMS IN THE AMOUNT OF
$466,200 EACH OR $932,400 FOR TWO, PLUS PRIMARY WINDING OPTIONS OF $15,000
EACH FOR A TOTAL AWARD OF $962,400)
the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances for power transformers, pursuant to Ordinance 2000-367, and
WHEREAS, the bid for power transformers included a requirement that pries be fixed for at
least a year and that it has been determined that additional transformers are now needed, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the previous described bids are the lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
CTION That an additional purchase is awarded for the following competitive bids for
the cons ction of public works or improvements, as described in the "Bid Invitations", "Bid
Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed
accordin� to the bid number assigned hereto, are hereby accepted and approved as being the lowest
responsible bids
BID
M:TB CONTRACTOR
AMOUNT
2557 Waukesha Electric Systems $962,400
S CTION II That the acceptance and approval of the above competitive bids shall not
constitute, a contract between the City and the person submitting the bid for construction of such
public w 'rks 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 furnii hing of performance and payment bonds, and insurance certificate after notification of the
award of ;he bid
S CTION 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 Bid Proposals, 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 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
approval
That this ordinance shall become effective immediately upon its passage and
PASSED AND APPROVED this the day of 2001
&''j� IA04-
EULINE BROCK, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
M
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY 6� n
BID 2557 - CONTRACTUAL ORDINANCE 12-2001
ATTACHMENT 2
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CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this —2_day of January
A D , 2001, 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
of the City of Waukesha , County of Waukesha and State of Wisconsin ,
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
in the amount of $962 400 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 and the Performance
and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA - 1
and the Specifications therefore, as prepared by
all of which are referenced herein and 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
i
ATTEST
Pamala Mosley
- ml-
City of Denton
/ 11TXTU"
(SEAL)
Waukesha Electric Systems, Inc
CONTRACTOR
400 S Prairie Ave
Waukesha, WI 53186
MAILING ADDRESS
(262) 547-0121
PHONE NUMBER
521-0190
FAX NUMBER
BY
TITLE Mgr Marketing and Sales Support
Robert W Baldus
APPROVED AS TO FORM PRINTED NAME
�4"j
(SEAL)
ITY ATTORNEY
W.W
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond No 929181266
KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric Systems
whose address is 400 S. Prairie Ave. Waukesha, Wi 53196
hereinafter called Principal, and National Fire Insurance Company of Hartford
a corporation organized and existing under the laws of the State of Connecticut and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound
unto the City of Denton, a municipal corporation organized and existing under the laws of the
State of Texas, hereinafter called Owner, in the penal sum of Nine Hundred Sixty Two
Thousand Four Hundred and no/100 DOLLARS ($ 962,400) 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
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2001-007, with the
City of Denton, the Owner, dated the 2 day of January A D 2001 , a copy of
which is hereto attached and made a part hereof, for BID #2557 - Power Transformers
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 authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the
Principal shall repair and/or replace all defects due to faulty materials and workmanship that
appear within a period of one (1) year from the date of final completion and final acceptance of
the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reunburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall he 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 _ 4 copies, each one of
which shall be deemed an original, this the day of January 2001
ATTEST
BY ¢•w••2� `di uQtar✓
f4ssl}, SECRETARY
A30MIX xxxXxAXxRjkjkmmw
3CXltlifi a<XSW,AM1CW
BY �/IL7t.�OiLtZl
Lor*tta A. Peretti, Witness
10IS1►[a)1J\-9
Waukesha Elictric Systems, Inc
BY
Mee,
National Fire Insurance Company
BY �of Hartford y, (Q
( n� 4- C J 0 z-�-�—/�
ATTORNEY -IN -FACT Ronda L Pekel
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
STREET ADDRESS 1601 Elm St., Suite 2100, Dallas, TX 75201
(NOTE pate of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name)
PB-2
_X, 473 TM_ i • 1
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric Systems
whose address is 400 S. Prairie Ave. Waukesha WI 53186
hereinafter called Principal, and National Fire Insurance Company of Hartford
a corporation organized and existing under the laws of the State of Connecticut , and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State
of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon, the building or improvements hereinafter referred
to, in the penal sum of Nine Hundred Sixty Two Thousand Four Hundred no/100 --
DOLLARS ($962,400) in lawful money of the United States, to be paid in Denton, County,
Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change
Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of
this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 2001-007, with the
City of Denton, the Owner, dated the 2 day of Tanury AD 2001 , a copy of
which is hereto attached and made a part hereof, for BID #2557 - Power Transformers
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and 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
shall lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
Theiundersigned 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 2 day of .January 2001
ATTEST
BY
/ass)+ SECRETARY
PRINCIPAL
Waukesha Ele
BY
Vice.
Systems, Inc
SURETY
National Fire Insurance
ComDanv of Hartford
BY C4. R�
ATTORNEY -IN -FACT Ronda L Pekel
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
N
STREET ADDRESS 1601 Elm St., Suite 2100 Dallas TX 75201
(NOTE .Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name)
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
u,m, uva anu iawrur muomaytsrin-ract wim toll power and authority hereby conferred to sign, seal and execute for and on their 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 If such Instruments were signed by a duly au
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 9th day of June 2000
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
conraura AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
1� A
Mahn J Cashion Group Vice President
State of Illinois, County of Cook, as
On this 9th day of June 2000 , before me —,�-- personally came
Marvin J Cashion, to 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 acknowledgee,same to be the act and deed of said corporations n
=•e••••••••• •••••••••• / �,/ n '
•OFFICIAL IAL SL' SEA
OIANH FAUUW6R
2 Ilatny Nb1s, t#ab of fOkrels i
my Cowie" Br.Wrea 9117/01 •
My Commission Expires September 17, 2001 Diane Faulkner Notary Public
CERTIFICATE
I, Mary A Ribikawskis, 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 sjlli 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 forge In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 2nd day of January 2001
CONTINENTAL CASUALTY COMPANY
*1fd9P1
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
tJ SEA. 'r IBO( I
(Rev 10/1/97) Mary A Ribikawskis Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY
This Power of Attorney is made and executed pursuant to and by authority, of the following By -Law duly adopted by the Board of
Directors of the Company
Section 3 A "Article IX --Execution of Documents
ppointment of Attomey-in-fad The Chairman of the Board of Directors the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attomeys-In-fad to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature Such attorneys -in -fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority
previously given to any attomey-m-fact "
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with reaped to any bond or undertaking to which It is
attached, continue to be valid and binding on the Company "
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by he Board of
Directors of the Company
cle
ecution of Obligations and Appointment
act
Section 2 Appointment Attorney-m-fact The Chairman of he Board of Directors, the F
ha President any Executive, Senior or
Group Vice President may, from time to time appoint by written certificates attomeys-in-fact to act In behalf of the Company In the
execution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature Such attomeys-in-fact, subject to
the limitations set forth in their respective certificates of aulhodty shell have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fact "
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate beanng such facsimile signature and seal shall be valid and binding on the Company Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company"
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company
"RESOLVED That the President, an Executive Vice President or any Senior or Group Vice President of the Corporation may, from
time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of Insurance
bonds, undertakings and other obligatory instruments of like nature Such Attomey-in-Fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such Instrument
and to attach the seal of the Corporation thereto The President an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attomey-In-Fact "
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February 1993
"RESOLVED That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed, shall
with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation "
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall 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 adirumstration and defense expenses
Inability policies shall be endorsed to provide the following
•• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
of 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 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
[X] A General Liability Insurance:
'General Liability insurance with combined single limits of not less than $11100,000
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 prermses, 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
[X] Automobile Liability Insurance -
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than R1.000.000 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
addation 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 naming the City as insured for property damage and bodily injury which may arse
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 carvers, 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 401 011(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
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 401011(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
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 2557 POWER TRANSPORMERCONTRACT & BOND & INS —REVISED (Second Award) 3 2001
A&RDTN
GAT 03/06/Ol /YY) K
PRAWCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services, Inc of Michigan
171 Monroe Avenue NW
Suite 525
Grand Rapids MI 49503-2634 USA
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
INSURED
INSURER United States Fidelity & Guaranty Co
Waukesha Electric Systems
SPX Corporation
_
INSURER USF&G Specialty Ins Co
INSURER
700 Terrace Point Drive
Muskegon MI 49443-3301 USA
INSURER D
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
d
NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAYBEISSUEDOR MAYPERTAIN THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONSAND
CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE
BEEN REDUCED BY PAID CLAIMS
INSR US
TYPE OF INSURANCE
PoLICYMIMBRR
PoLICYEIFECIIVE
DATMDD\YY)
&M
MCYEXPIRA71ON
DA7EJMA6DMYYI
LN1IT5
A
GENERAL LIABILITY
DRE2260600
1/1/01
1/1/02
EACH OCCURRENCE
$3 000,000
RREDAMAGE(Mvau Deal
$3,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑X OCCUR
MED EXP(Mvuce cereuN
25 000
PERSONAL &ADV INJURY
$3 000 000
GENERAL AGGREGATE
$5,000,000
GEN L AGGREGATE LIMIT APPLIES PER
PRO
POLICY JWT LOC
PRODUCTS COMP/OPAGG
$5,000,000
A
AUTOMOBILE
LIABILITY
DRE2213500
1/1/01
1/1/02
COMINH) SINGLE EMT
A
X
ANY AUTO
DRBXM0230044
1/1/Ol
1/1/02
(E.., t)
$2 000 000
BODILY INIIIRY
ALL OWNED AUTOS
B
SCHEDULED AUTOS
DRE2213400
1/1/01
1/1/02
(Pa P'.)
BODILYINJURY
X
HIRED AUTOS
X
NON OWNED AUTOS
ft,.drn0
PROPERTY DAMAGE
(Perwdm0
GARAGE LIABILITY
AUTOONLY EAACCIDENT
ANY AUTO
OTHERTHAN BA ACC
AUTOONLY
AGG
EXCESS LIABILITY
EACH OCCURRENCE
OCCUR ❑ CLAIMS MADE
AGGREGATE
DEDUCTIBLE
RETENTION A
WORIB'M1ION AND
C STATE
lYLIM
OIH
FRS HAIgLffARLHY
EMPLOYERS
E L EACH ACCIDENT
E L DISEASE POLICY LIMIT
EL DISEASE -EA EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS AnONSNFJICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL. PROVISIONS
RE Bid #2557 - Power Transformers
See next page for additional information
+s 2
SHOULD ANY OF THE ABOVE DESW RED POLICIES BE CANCELLED BEFORE THE EXM RATION
DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY of DENTON O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
ATTN DENISE HARPOOL BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILWY
901-B TEXAS STREET OF ANY KIND UPON ECOMPANY ITS AGENTS VES
DENTON TX 76201 USA AUTHORIZED REP NTAT
Certificate No 100000105404 Holder Identifier WV-CIWof DEN
AttartimenttoACORDCertlficateforWaukesha Electric Systems
The terms conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the
coverage afforded by the insurer(s) This attachment does not contain all terms, conditions, coverages or exclusions contained in the
nnhev
INSURED
Waukesha Electric Systems
SPX Corporation
700 Terrace Point Drive
Muskegon MI 49443-3301 USA
INSURER
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include ]mat information, refer to the corresponding policy on the ACORD
certificate form for Dohcv limits
INSR
TYPE 0P INSURANCEPOLICYDESCRD
POLICYNUMRER
TION
POLICY
EFFEITIVE
DATE
POLICY
EXPIRATIONLTR
DAM
LIMITS
DESCRIPTION OF
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
notice being given to the owner (city) except when the policy is being cancelled for nonpayment of
premium in which case 10 days written notice is required
• Material Change means a significant reduction in the provisions of the policy or the limit of coverage
for the policy in place today
Additional Insured City of Denton, its Officials Agents Employees and volunteers
Policies described hereon are primary
Certiflcate No 100000105404
DAT
A{/ORD.
0/0306//01
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aoi. Risk Services, Inc of Michigan
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
171 Monroe Avenue NW
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 525
AGE AFFORDED SY THE POLICIES BEL
Grand Rapids MI 49503-2634
COMPANIES AFFORDING COVERAGE
COMPANY A United States Fidelity & Guaranty Co
INSURED COMPANY
Waukesha Electric Systems B
SPX Corporation
COMPANY
700 Terrace Point Drive 0
Muskegon MI 49443-3301 USA
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 CONTRACT OR 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 CONDrrrIONSS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
DO
TYPE OF INSURANCE
POLICY NLMBER
POLICY EFFECTIVE
POUCYEXPIRATION
LIMITS
LTR
DATE (NMIDdYY)
DATE (MMMDYY)
GENERAL LIABILITY
GENERAL AGGREGATE
PRODUCTS COMP/OP AGO
COMMERCIAL GENERAL LIABILITY
PERSONAL S ADV INJURY
CLAIMS MADE OCCUR
EACH OCCURRENCE
OWNERS B CONTRACTORS PROT
FIRE DAMAGE(Anv one fire)
MED EXP(Any one Person)
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
BODILY INJURY
ALL OWNED AUTOS
( Per person)
SCHEDULED AUTOS
BODILY INJURY
HIRED AUTOS
(Per accident)
NON OWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY
AUTOONLY EAACCIDENT
ANY AUTO
OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
X I WC STATU OTH
a 1.
A
WORKER S COMPENSATION AND
DRE2260201
LEMER
EMPLOYERS LIABILITY
Ol/Ol/Ol
Ol/Ol/02CRY
EL EACH ACCIDENT
$1 000 000
A
THE PROPRIETOR/ INCL
DRE2260301
01/01/01
01/01/02
EL DISEASE POLICY LIMIT
$1, 000 000
PARTNERS/E) CUTIVE1:1
EL DISEASE EA EMPLOYEE
$1 000,000
OFFICERSARE I 1EXCL
A
DRE2260400
01/01/01
01/01/02
Bodily Injury/claim $1 000 000
Excess WC
Bodily Injury/diseas $1,000 000
Policy limit $1 000 000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLEB/SPECdAL ITEMS
RE Hid #2557 - Power Transformers
See next page for additional information
)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY of DENTON
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN DENISE HARPOOL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
901 - B TEXAS STREET
DENTON TX 76201 USA
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINA UPON IHE COMPIII E S EPRESENTATIVES
AUTHORIZED ESE IV
•
ldend6er waLL CITY DE
ertincate No IUUuUUIUb4IJ
Holder
Attachment to ACORD Certificate for: Waukesha Electric Systems / SPX Corporation
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the
coverage afforded by the Insurer(s) This attachment does not contain all terms, conditions, coverages or exclusions contained in the
ADDITIONAL POLICIES If a policy below does not Include limit Information, refer to the corresponding policy on the
ACORD certificate form for policy limits
All Workers' Compensation policies described on this Certificate of Insurance — except for olicy #DRE2260400 — are subject to a Self
Funded retention of
$350,000 — Each Claim — Workers' Compensation — Coverage A
$350,000 — Each Claim — Employer's Liability — Coverage B
$350,000 — Disease Each Employee — Employer's Liability — Coverage B
Limits of Liability shown for all Workers' Compensation policy #DRE2260400 described on this Certificate of Insurance are in excess of
the Self Insured Retention limits shown above
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 advance 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
' Material Change means a significant reduction in the provisions of the policy or the limit of coverage for the policy in place today
Waiver of Subrogation endorsement is included in the policies described hereon
Policies described hereon are primary
Authorized Representative
Aon Risk Services
03/06/2001 cjt