1999-395 O IN, CE NO q'f-
AN O INA CE ACCEPTIN CO ETATr,' BIDS 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 Clty 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 ~mprovements
described in the bad 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 ofpubhc works or
improvements, as descnbed m the "Sealed Bid Invitations", or plans and specifications on file in the Office
of the City's Purehasmg Agent filed aecorchng to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2408 Wankesha Electric System, Division $441,877
of General Signal Power Systems, Inc
SECTION II That the acceptance and approval of the above eompetmve 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, Ulltll 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 anthonzed 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 hereto, provided that such contracts are made an accordance with the Not~ce
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 o£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 ~mmedlately upon its passage and
approval
PASSED AND APPROVED this the day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2408 - CONTRACTUAL ORDINANCE
ATTACHMENT 1
TABULATION SHEET
B~d # Z.4D& Date 8/31/99
POWER TRANSFORMERS
No l. Qt¥i' . ; DESORiPTION VENDOR VENDOR VENDOR VENDOR VENDOR
~,' ~' I ' , Keasler
'l" " ' Kuhlman Sunbelt
~i / ' ]'"' ~, Waukesha Temple Wesco
~ ' '~ ', , ~ Electric Trans
Power Transformer
1 15/20/25 MVA, 138kV $441,877 $428,892 $446,410 $436,356 $316,800
wye w~th load tap
Changer
Short Circuit Test $220,000
DELIVERY 168 DAY 273 DAYS Sept 2000 18-22 wks
37-39 wks
NO BID
Dealers Electnc
Wesder Assoc
Perferred Sales
Cummins
Bid # 2408 Power Transformer ATTACHMENT 2
Evaluation Summary Sheet
Temple Waukesha Wesco Kuhlman Sunbelt
B,d Conformance Conform,ng Conform,ng Conform,ng Non-Conform,ng Conform,ng
Base Pr,ca $428,892 00 $448,827 00 $446,410 00 $436,356 00 $316,800 00
~Certified no load Iossec($4072) $63,116 00 $61,324 32 $69,224 00 $53,913 28 $101,800 00
Cerfd;,ed load Losses(S2038) $85,512 00 $84,836 52 $81,440 00 $128,084 76 $110,554 80
~Warrunty Adder $21,444 60
F,eld Instsllatmn Cost $25,000 00 $500 00
Field Serv,ce Coat
Short C,rcu~ Testing $316,800 00
Del,very to S~e Adder $17,856 40
Performance Bond Release ($6,950 00)
Total Evaluated Cost $598,964 60 $587,837 84 $639,930 40 $618,854 04 $845,954 80
Cost to DME (UpFront Dollars) $450,336 $0 $441,877 O0 $489,266 40 $436,856 00 $6:33,600 00
B,d Bond Comphant Comphant Comphant Non-Comphant ¢omphant
Evaluat,on Rating ~ 1_ _3 0 4
'Note Bee Attached Evaluation Sheets For Comments
~ ~emple Waukecha Wesco Kuhlman Sunbelt
Standard Warranty ~ 1 Year + Adder 6 Years 5 Years 5 Years 5 Years
Cert~f,ed Losses reference Temp 75C 76C 75c 75C 75C
Cerfified no Ioad~i~ssec, kW 15 50 18 06 17 00 13 24 25 00
Cert,fled load Losses, kW 42 00 41 87 40 00 62 91 54 30
Total losses, kW ~ 28 MVA 57 50 86 62 57 00 76 15 79 30
Total coohng requirements, kW 1 5 I 08 0 3 4 8
Impedance in % at 16 MVA 7 8 7 7 7 8 7 8
React,ye Compencatmn Cost $29,250 00 $26,280 00 $26,250 00 $29,250 00 $29,250 00
Guaranteed date of dehvery 168 Days In W,ndow 273 days 37-39 Wks 18-22 Wks
Equ,pment Specification Excapt,ons
Load tap changer Comphant Com ~hant Comphant Comphant Comphant
Tank Non-Comphant Com)hant Non-Comphant Non-Comphant Non-Comphant
Construct,on Non-Compliant Com )hant Non-Comphant Non-Comphant Non-Comphant
lB 3 Expenenca L,st Comphant Com)hant Comphant Comphant Non-Comphant
Vapor Phase Dryout Process Comphant Corn )hant Non-Comphant Comphant Non-Comphant
leO 9001 Certd'{cats Include Comphant Corn )hant Comphant Comphant Non-Complmnt
Aux Equ,pruent Comphant Non-Compliant Non-Comphant Comphant Comphant
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into th~s 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 Electrm 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 Carohna
hereinafter termed "CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the con&tlons
expressed in the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID # 2408 - POWER TRANSFORMER
~n the amount of $441,877 and all extra work m 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 specffied
above, m accordance wtth the conditions and prmes stated m the Proposal attached hereto, and
m accordance with all the General Conditions of the Agreement, the Specml Conditions, the
Notice to Bidders (Advertisement for B~ds), Instructions to B~dders, and the Performance and
Payment Bonds, all attached hereto, and m
CA- 1
accordance with the plans, which includes all maps, plats, bluepnms, and other drawings and
printed or written explanatory matter thereof, and the SpeclflcaUons therefore, as prepared by
ENGINEERING DEPARTMENT
all of which are made a part hereof and collectively ewdence and constitute the entire contract
Independent Status
It ts mutually understood and agreed by and between C~ty 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, w~thholdmg, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other C~ty
employee benefit City shall not have supervlsmn and control of Contractor or any employee
of Contractor, and It is expressly understood that Contractor shall perform the serwces
hereunder according to the attached spemflcatlons at the general d~recuon of the C~ty Manager
of the City of Denton, Texas, or h~s designee under this agreement
Indemmfieatlon
Contractor shall and does hereby agree to ~ndenmlfy 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 thtrd persons occasioned by any error, ounss~on or negligent act of Contractor,
its officers, agents, employees, mvitees, and other persons for whom ~t is legally liable, w~th
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 clatms and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
constructmn and enforcement shall he 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
wtthm the tune stated m the Proposal, subject to such extensions of time as are provided by the
General and Special Condmons
The OWNER agrees to pay the CONTRACTOR m current funds the price or prices
shown m the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
m the year and day first above written
ATTEST
~A,~ ~ v/O J ~J..?,O~.4 .,O CITY OF DENTON
(SEAL)
/ ~ 0 ~ CONT~CTOR
MAILING ADDRESS
NE NUMBER
APPROVED AS TO FO~ ~ / P~NTED NAME
~~ (SEAL>
CIT
CA - 3
Bond No. 929122714
PE~ORM~CE BOND
STATE OF T]~S §
COUNTY OF D~NTON §
~w~ ui mc o~ or Connec~i
· e C~ of ~ a m~c~ ~oa or~ a~ e~ ~ ~e hwa of ~e Sate
of Te~, ~ ~ ~, ~ ~ ~ a~ of ~ ~D PORTY O~
ex.es, a~o~ya' ~, ~ hq~ ~ ~ o~ of or ~ w~ ~e ~low
id~fi~ C~, ~ h~ ~ of~ U~ S~, m ~ ~d m ~a C~, Te~,
for ~ ~ of w~ ~ we~ a~d ~y m be ~, we h~y b~ o~lv~, o~ h~,
pr~, ~ ~ ~ ~a~y be ~r~ by ~e ~o~t of ~y ~ge Or~r or
~l~ A~ w~h ~r~ ~ C~ pr~, but m
O~ or ~!~ A~ wh~ r~ ~e Co~ ~ ~e ~e ~ sm of
~ OB~GA~ON TO PAY S~ ~ ~a~Uo~ ~ ~Uows ~r~,
~c~ ~r~ ~o a ~ Co~ ~ ~ ~
Cl~°f~~'~2~YofNO~ AD l~.a~pyofwh~s
h~o ~ a~ ~ a pm ~f, for B~ i ~8 - ~
NOW, ~~, ~ ~ ~ s~ well, ~y ~ ~ly p~
all of ~ ~s. ~ve~. ~. ~o~ ~ a~ of ~d ~a~ m -
~o~ wi~ ~e Pl~, S~fi~ ~ ~n~t ~
~f ~ ~y ~ion ~f w~ ~y ~ ~ ~ ~e ~,
to ~e S~, ~ d~ ~e lde of ~y ~ or w~ t~u~
s~l ~so ~ ~ ~y ~ ~ ~! ~ ~e ~b~g~, ~v~, ~, cond~o~
~ a~n~ of ~y ~ ~ d~y ~or~ m~fi~ao~ of ~d Con~
her~ ~ ~de, ~ of w~h m~o~ ~ ~ S~ew berne ~by waive,
~ Work by ~e ~r, ~d, ~ ~ ~ a~ ~ly ~
O~ ~ ~ ws~ ~ damag~ W~ ~r ~y suffer by ~a of ~l~e ~ so perfo~
her~ ~ ~ ~y ~ ~ ~y ~r ~ ou~y ~ e~e w~
~ur m ~g g~ ~y de~ult or d~y, ~en ~m obh~on ~
PB-1
PROVIDED FURTHER, tl~ ff any legal action be filed upon this Bond, exclusive
venue shall lie m Denton Couuty, State of Texas
AND PROVIDED NURTN_I~_, th~_ the said Surety, for value r~',~lVed, hereby
stipulates and agrees tl~ no change, extension of time, akerauon or nddmon 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 m anywise affect its obhgat~on on this Bond,
and It does hereby wave nouce of any such clmnge, extension of t~me, alterauon or adchuon to
the terms of the Conu'act, or to the Work to be performed thereunder, or to the Pla~,
Specn~cations, Drawings, etc
This Bond ~s g~ven pursua~ to the provisions of Chapter 22~3 of the Texas
Government Code, as amended, and any other apphcable statutes of the S~ate of Texas
The undersigned and desi?~u~d agent ~s hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any requisite noUces may be delivered and on
whom servw, e of process may be had in maters m'lsmg out of such suretyship, as provlded by
Article 7 19-1 of the Insurance Code, Vemon's Annotated Clwl Statu~es of the S~ate of Texa~
IN WITNE/~ WHEREON, this msmunent is executed m 4 copies, each one of w~ch
simll be deemed au original, this the ~2 day of NOVEMBER , 1999
~daukesha Electric Systems D~-v±sion o~
ATTEST PRINCIPAL General Signal Power Sys/:e~s, Iuc
~ COUNTERSIGNED SUR~U~Y'' Company of Hartford
Lawrence W. Wald:[.e, Texas Resident BY Ronda L Pekel
Assnt ~TTORNEY-IN-FACT
Dallas
The Resident Agent of the Surety in:~l~l Counvj, Texas for dehvery of nouce ~-d service
of the process m
NAME Lawrence W. Waldie
STREETADDRESS 1601 Elm Street, SuSte 2].00, Dallas, TX 75201
(NOTE. Da~e of Pec[vrr, umce Bond must be da~e of Comract If Resident Aiem ~s not a
corpora~on, itw a l~son's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric System.*
DIVISlOll of G~nernl St.onnl Power Svsterns, Inc wh,,o,.
Golds§Oto. North Carolina ~7~n h,~,,,'.~, ,,_~ ~' '"~'- ,-~-~,- .o P O Box 268
,, ....... , .,=rmnaner canm Principal, al~ Na~:~.ona~. Fire Insurapce Company
a corporaaon orgamzed sad ex~stmg under the laws o""-- "---
· me ~m~e or c n ' , sad full
sathorlzed to trsasact business In the Stat~ of Texas oo ~ ........ ~ . Y
the City of Denton, a municipal corporation , ~o ~m~.v, ~c nel~l an(1 tlrmly no!!~ tlnto
orgamzed and eyastmg under the laws of the State
of Texas, herem~r called Owner, and unto all persons, fums, and corporatiolls who may
furnish matermls for, or perform labor upon, the building or m~rovementa herema~er referred
to, m the penal sum of FOUR HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED
SEVENTY SEVF, N NO~
~exas, for the payment of which sum well sad truly to be nutde,
we hereby bind ourselves, our be~rs, executors, admml~trators, SUC, CesSUrS, and esSl~lls, $omfly
and severally, fa~uly by these presents This Bond shall automatically be increased by the
amount of any Chan~e Order or Supplemental Agreement which increases the Contract prlce,
but In no event shi~ll a Change Order or Supplemental Agreement which reduces the Contract
price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME ~s condmoned as follows Yt/hereas, thc
~rm¢lpal entered Into a c. ertaln Contract, ~dentlfied by Ordinance Number 99-395, with the
C~ty of Denton, theOwner, datedthe 2 dayof NOVEMBERAD 1999 , a copy of which
us hereto attached and made a part hereof, for BID # 2408 - POWER TRANSFORMER
NOW, TI-~REFORE, If the Principal shall well, truly and faithfully perform tis dut~s
and make prompt payment to all persons, firms, subcontractors, corporations and ¢la*mgnl'~
supplymg labor and~!or material in the prosecution of the Work provided for m said Contract
and any and all duly authorized mndificattons of smd Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then th~, obligation
shall be vmd, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if say legal action be filed on this Bond, exclusive venue
shall he in Denton Comity, Texas
AND PROVIDED FURTHER, that the smd Surety, for value rccmved, hereby
stipulates and agrees that no change, extension of tune, alteration or adchtion to the terms of
the Contract, or to the Work to be perfolmed therettnder, or to the Plans, Specifications,
Drawings, etc, accompsaym~ the same, shall m anywise affect its oblt~atlon on this Bond,
and it does hereby waive llOtiCe of say 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, ere
PB - 3
This Bond is g~ven pursuant to the provmons of Chapter 22~3 of file Texas
Government Code, as iunended, and ~ny other apphcable stam~es of the $~ate of Texas
The unders~ned and designated agent is hereby destgnated by the Surety hereto as the
Res~lent Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had m matters arising out of such suretyship, as provided by
ArUcle 7 19-1 of the Insurance Code, Vernon's Ann~otated Clvtl Statutes of the State of Texas
IN WITNESS WI-IF.I~_.OF, this instrument ts executed m 4 copies, each one of wlud~
shall be deemed an origmnl, tim the ~ day of NOVEMBER . _1999
ATTEST, ~/aukesha Electric Sysl=nms Div~.~.on ot~
PRINCIPAL Genera]. $~-gnal
National Fire Insurance
~ gOUN~ER'~IG~ED: SURETY Company o~ Hartford
Lawrence k~. Wa~.d:l.e, Texas Rn,~.deni: BY _ Ronda L Peke~.
Agent ATTORNEY-IN-FACT
The Resident Agent of the Surety m Rlln~nt County. Texas for delivery of not~ce and serv~
of the process is
NAME Lawrence W.
STREET ADDRESS ~60! ~ Scre~ Suite 2~00 ~allas ~ 7520!
(NOTE Date of Payment Bond r, um be d~te of Contract If Restdent Agent ts not a
cor~ovatton, g~ve a ~n~n's name )
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINEI~TAL CASUALTY COMPANY, an Ill,nme corporation NATIONAL FIRE
iNSURANCE COMPANY OF HARTFORD a Connecttcut corporation AMERICAN CASUALTY COMPANY OF READING
PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Compames") are duly organized and existing
corporations hawng their principal offices in the City of Chicago and State of I~hnols, and that they do by wrtue of the signature and seals
harem affixed hereby make constitute and appoint
Drew Brach, Brian Cook~ Sharon R Ha~nNa~d~ Lorstta A Perettl~ H David Hoovler~ James A Dawd},~ Ronda L Pekel~ Individually
of Grand Rapids, Michigan
their true and lawful Attomey(s)-tn-Fact with full power and authonty hereby conferred to sign seal and execute for and on their behalf
bonds undertakings and other obligatory instruments of similar nature
- In UnhmKed Amounts -
and to b~nd them thereby as fully and to the same extent as if such instruments were s~gned by a duly authorized officer of their corporahons
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed
Th~s Power of Attorney la made and executed pursuant to and by authonty of the By-Laws and Resolutions printed onthe reverse
hereof duly adoptsd,~ aa indicated, by the Boards of Olraofors 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 th~s 10th day of August 1999
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
Marvin J Cashion Group Vice Pres~dect
State of IIhnms County of Cook, ss
On this 10~h day of August 1999 before me personally came
Marvin J Cashmn to me known who, being by me duly sworn did depose and say that he resides in the CKy of Chicago State of llhno~s
that he ~s a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA descnbed 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
pumuant to authonty, given by the Boards of Dlreu'~ors of said corporations and that he signed his name thereto pursuant to I~ke authority
and acknowledges same to be the act and dead of sa~d corporahons
My Commission Expires September 17, 2001 Diane Faulkner Notary Pubhc
CERTIFICATE
I Mary A R~b~kawsk~s, Ass~stsnt 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 here~n
above set forth ~s st~ll in force, and further certify that the By-Law and Reeolubon of the Board of D~rectors of each corporation pnntsd on the
sa~d corporations this 2nd .day of November [999
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Mary A R~blkawsk~s Assistant Secretary
(Rev 1011197)
400 S PRAIRIE AVENUE · WAUKESHA, WI 531B1~-5~40 · (414) 547-0191 · FAX (414) 821- 01 SE]
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, THAT THE UNDERSIGNED,
WAUKESHA ELECTRIC SYSTEMS, · d~wslon of General S;gnal Power Systems, Inc,
("Waukesha Electric Systems'), does hereby make, constitute and appo,nt
Steven Harder. who is employed by Waukesha Electnc Systems, as ~ts true and lawful
attorney to,execute and dehver on behalf of Waukesha Electnc Systems any and all
proposals, b~ds and contracts for the performance of work, sale of goods, and furnishing of
serwces, and any other instruments ~n connection therew~h end ,n the ordinary course of
bus~ness of Waukesha Electnc Systems, prowded that no such tndlvidual proposal, bid or
contract shall exceed one m,lhon dollars ($1,000,000) All such instruments and documents,
when executed by sa~d attorney on behalf of Waukesha Electnc Systems, shall be binding as
fully and to the same extent as ~f executed on behalf of Waukesha Electnc Systems by ~s
vice Pres~dent-Finance
Th~$ authonty does not extend to
a the execution of surety or performance bonds,
b the collection, race;pt end recovery of momes due or to become due to
Waukesha Electnc Systems end the tssuance of receipts, credits and releases for the
payment thereof,
c the s~gnlng of any notes, contracts, or any other agreement to borrow money in
the name ef Waukesha Electric Systems, and
d the signing, on behalf of Waukesha Electric Systems, of any deeds, abstracts,
offers of purchase, or any other ~nstruments pertaining to the purchase or sale of real
property
Thss authonty shall remain ~n full force and effect for one year from the date hereof
unless otherwise revoked in wrying by an officer of Waukesha Electric Systems
IN WITNESS WHEREOF, the unders;gned has executed this Power of Attomey this
25th of March, 1999
WAUKESHA ELECTRIC SYSTEMS, a
d~ws~on of General S;gnal Power Systems, Inc
Nancy D~ckman
Vice President-Finance
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ts dtrected to the insurance requtrements below It ts htghly recommended
that btdders confer with thetr respective tnsurance carners or brokers to determine tn
advance of Bid submission the avatlabthty of tnsurance certificates and endorsements as
prescribed and provtded herein If an apparent low btdder fads to comply stnctly wtth the
insurance requirements, that btdder may be dtsquahfied from award of the contract Upon
btd award, all tnsurance requtrements shall become contractual obhgattons which the
successful bidder shall have a duty to matntatn throughout the course of thts contract
STANDARD PROVISIONS:
Wtthout ltmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor
shall provtde and matntatn unttl the contracted work has been completed and accepted by the
Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler
As soon as practtcable after nottficatton of btd award, Contractor shah file wtth the
Purchasing Department sattsfactory certificates of tnsurance, contatnmg the btd number and
tttle of the project Contractor may, upon written request to the Purchastng Department, ask
for clartficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly
advtsed to make such requests prior to btd opentng, stnce the tnsurance requtrements may not
be modtfied or waived after btd opemng unless a wrttten exceptton has been submttted wtth the
btd Contractor shall not commence any work or dehver any material until he or she
recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of
Denton
All tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply
wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these
general spectficattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be tssued by a company authorized to do business m the State of
Texas with an A M Best Company ratmg of at least A
· Any deductibles or self-insured retentions shall be declared in the b~d proposal If
requested by the Ctty, the insurer shall reduce or elunmate such deductibles or
self-tnsured retentions w~th respect to the Ctty, tts
offictals, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related mvesugatmns, clmm admm~strauon and
defense expenses
· Lmblhty pohcles shall be endorsed to prowde the following
· * Name as additional msurexl the Ctty of Denton, ~ts Offimals, Agents,
Employees and volunteers
· · That such insurance is primary to any other insurance available to the
additional insured wath respect to claims covered under the policy and that
this insurance apphes separately to each insured against whom claim is made
or suit Is brought The inclusion of more than one msured shall not operate
to increase the insurer's limit of habthty
· 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 reqmred insurance be prowded under a clanns-made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, w~thout lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give nsc
to clauns made after exp~ratmn 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 hmlt providing for clmms ~nvestlgatlon or legal
defense costs to be included m the general annual aggregate limit, the Contractor
shall e~ther double the occurrence hmlts or obtain Owners and Contractors
Protective Lmbthty 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
sattsfactory ewdence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance ~s not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall ad&ttonally
comply wtth the followtng marked spectficattons, and shall be matntatned tn comphance with
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[X] A General Lmbd~ty Insurance.
General Liability insurance with combined single hm~ts of not less than
$1,000,000 shall be prowded and maintained by the Contractor The policy shall
be written on an occurrence bas~s either m a single policy or in a combination of
underlying and umbrella or excess pohc~es
If the Commercial General L~abfi~ty form (ISO Form CG 0001 current cd,non) is
used
Coverage A shall include premises, operations, products, and completed
operatmns, mdependent contractors, contractual hablhty covering this
contract and broad form property damage coverage
· Coverage B shall ~nclude personal injury
· Coverage C, medical payments, is not reqmred
If the Comprehensive General Lmbthty form (ISO Form GL 0002 Current Edltmn
and ISO Form GL 0404) ~s used, it shall include at least
· Bodily injury and Property Damage Llablhty for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual habfi~ty (preferably by endorsement) covering th~s
contract, personal injury habthty and broad form property damage
habfi~ty
[xI Automobde Lmb,hty Insurance
Contractor shall provlde Commercial Automobile Llablhty insurance with Combined
Single Lmuts (CSL) of not less than $1,000,000 e~ther ~n a single pohcy or m a
combination of basle and umbrella or excess pohcles The pohcy will include bodily
injury and property damage habfi~ty ansmg out of the operation, maintenance and use
of all automobdes and mobile eqmpment used m conjunction w~th th~s contract
Satisfaction of the above reqmrement shall be ~n the form of a pohcy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, In adtht~on to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
L~abthty hmlts of at least $100,000 for each acmdent, $100,000 per each employee, and a
$500,000 pohcy lumt for occupational disease The City need not be named as an "Addmonal
Insured" but the insurer shall agree to wmve all rights of subrogatton against the City, ~ts
officmls, agents, employees and volunteers for any work performed for the C~ty by the Named
Insured For bmldmg or construction projects, the Contractor shall comply w~th the prows~ons
of Attachment 1 m accordance with §406 096 of the Texas Labor Code and role 28TAC
110 110 of the Texas Worker's Compensatton Commission (TWCC)
[ ] Owner's and Contractorts 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 Llabthty insurance pohcy
naming the City as insured for property damage and bodily injury which may arise in the
prosecuUon of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basts, and the polmy shall be issued by the same insurance company that tames
the Contractor's habthty insurance Policy hmtts will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] lhre Damage Legal Liabdity Insurance
Coverage ts reqmrod ff Broad form General Ltabthty is not provided or ts unavailable to the
contractor or tfa contractor leases or rents a portion of a City bmldmg Limits of not less than
each occurrence are required
[ ] Professional Liability Insurance
Pr0fess~onal habthty insurance with hmlts not less than per claim with respect to
neghgent acts, errors or omissions m connection with professional services is reqmred under
this Agreement
[ ] Builders' Risk Insurance
Broiders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided Such polmy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be reqmred on an individual basis for extra hazardous contracts and
specffic servme agreements If such addmonal insurance is reqmred for a specffic contract,
that reqmrement will be descrthod tn the "Specffic Conthttons" of the contract specifications
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental EntIt~es
A Defmtnons
Cemficate of coverage ("cemficate")-A copy of a certificate of insurance, a
cemficate of authority to self-msure issued by the commission, or a coverage
agreement (TWCC-81, TWCC~82, TWCC-83, or TWCC-84), showing statutory
workers' compensanon msurance coverage for the person's or entlty's employees
prowdmg serwces on a project, for the duration of the project
DuraUon of the project - includes the rune from the beginning of the work on the
project unttl the contractor's/person's work on the project has been completed and
accepted by the governmental enUty
Persons prowdmg services on the project ("subcontractor" m §406 096) ~ ~ncludes
all persons or entrees perfonmng all or part of the serwces the contractor has
undertaken to perform on the project, regardless of whether that person contracted
d~recfly w~th the contractor and regardless of whether that person has employees
Th~s mcludes, without lnmtation, mdependent contractors, subcontractors, leasing
compames, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furmshes persons to provide serwces on the project
"Services" mclude, without lnmtaUon, providing, hauling, or delivering
eqmpment or materials, or providing labor, transportation, or other service related
to a project "Services" does not mclude activities unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filmg of any overage agreements, whxch meets the
statutory requirements of Texas Labor Code, Secuon 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 permd shown on the contractor's current certtficate of coverage
ends during the dnratmn of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage w~th the governmental entity
showmg that coverage has been extended
E The contractor shall obtain from each person providing serwces on a project, and
provide to the governmental enUty
(1) a certificate of coverage, prmr 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 certfficate of coverage ends danng the duratmn of the project
F The contractor shall retain all reqtured certificates of coverage for the duration of
the project and for one year thereafter
G The contractor shall notify the governmental entity m 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 s~te a notice, m the text, form and manner
prescribed by the Texas Workers' Compensation Commission, reforming all
persons prowdmg 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 w~th whom ~t contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classfficatton 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 prowded 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, ~f the coverage per~od
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person with whom ~t contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
(b) a new cemficate 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 dunng the duration of the project,
(5) retain all reqmred certfficates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity in wrmng by certified mall or personal
delivery, w~thln 10 days after the person knew or should have known, of any
change that matemlly affects the prowsmn of coverage of any person
providing services on the project, and
(7) contractually require each person w~th whom it contracts, to perform as
reqmred by paragraphs (1) - (7), with the certfficates of coverage to be
provided to the person for whom they are providing serwces
J By signing th~s contract or providing or causing to be provided a certificate of
coverage, the contractor ~s representing to the governmental entity that all
employees of the contractor who wall provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reportmg of classification codes and payroll
amounts, and that all coverage agreements will be filed w~th the appropriate
insurance carner or, in the case of a selfqnsured, w~th the commission's Divlston
of Self-Insurance Regulatmn Prowdmg false or m~sleadmg reformation may
subject the contractor to admlmstrat~ve penalties, crLmmal penalties, c~vll penalties,
or other Clvll 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 w~thm ten days after
receipt of nottce of breach from the governmental entity
BID PROPOSAL
BID NUMBER Page 2 of 3~
City of Denton, Texas 901 3. Texas St
Purchasing Depa~uueat Denton, Texas 76201
Power Tramform~r 15/20/25 MVA, 138 kV l~lta-13 2 kV Wye with ~ ~ _q4~ ,~9-7~ ~
Load Tap Changer
We quote tbe above f o b delivered to I~Mon, Texas Slupmcnt can be made m ~l~' days from receipt of order Terms trot/30 unless
a) icl_ ~o - ~ ~ t~ - a~o. 8~ s~¢~-Jq ~, ~ k~ ~
Tttle
Rep' Keasler Associates Regional Mgr: Rens~
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- C~ty of Denton
901-B Texas St. ~
Denton, TX 76201
Atm' Mr Tom D Shaw
Subj' Bid Number 2408 - Power Transformer
We are pleased to offer our quotation for the following'
TYPE Outdoor, oil unmersed, 2 wmdmg transformer w~th LTC 1 $ 448,827 00
KVA RATING 15000 / 20000 / 25000 / 28000
COOLING CL GA / FA / FA, 55°C / 65°C Rise
PRI VOLTAGE 138000 Delta 550 KV-BIL
SEC VOLTAGE 13200 GrdY / 7620 1 l0 KV-BIL
DEDUCT Agreeing to the terms of the attached Maintenance Warranty
Addendum as tt applies to the performance bond Per Unit $ 6,950 00
ADDER Short C~rctut Test Per Test $ 220,000 00
Page 1
w^ur~sH^ EL~CrPaC SYSTEMS
BOX 26S. GOU)SBOaO, NC 27~33 QUOTATION
Page 2
NOTES/COMMENTS/EXCEPTIONS
1) Sales/Use taxes arc not included m thc 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 subrmtted 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, ~f required, must be purchased per the adder shown on page 1 of tins
quotation
Page CA-2 -Under no circumstances will the contractor be liable for special or consequential
damages
WAUKESHA ELECTRIC PRICE POLICY
Prices quoted hereto are firr~ based upon the following conditions
1) Factory acceptance of a written purchase order or contract, winch 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 m order to maintain scheduling
dates
DRAWING SUBMITTAL & SHIPMENT
1) Upon acceptance of an order, Waukcsha Electric will purchase major materials for the transformer as
specified m the purchase order and our acknowledgment Changes made by the customer to the
spemficauons after order placement may result in price adjustments and delay in stupment
2) Please allow 16 to 20 weeks for outline and nameplate submittal
3) Final drawings and ]nstructlon books will be submitted prior to shipment
4) A production slot has been reserved for shtpment of th~s umt between September 15 and October 15, 2000
as specified This includes drawing submittal, review and return, and manufactunng lead rune
TERMS & CONDITIONS
Refer to the attached Terms & Condmons WES Terms & Conditions are an xntegral part of this quote and
can not be changed unless agreed upon by WES
WARRANTY
Refer to the attached warranty offered with this b~d proposal
WAUKESHA I~LECTRIC SYSTEMS
BOX 268 9 GOLDSBORO, NC 27533 QUOTATION
Page 3
TRANSFORMER ACCESSORIES
The following is a list of features and accessortes furnished with the transformer(s) quoted, Listing is for
items that are not, required per Apphcable 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/scal-m panel
Surge arresters (~hzpped separately)
Pressure relief device w/contacts
External core ground connection
De-energ~zed tap changer
The Load Tap Changer quoted is a Waukesha Electric UZD Resistive type in the secondary wmdmg, KVA
and voltage raUngs per ANSI C57 12 10 The Waukesha Electric UZD type LTC as equipped w~th a
Matntenance Free Dehydrating Breather, WES type Oil Filtration System, and Vtewtng Pons The
addition of these, features will reduce maintenance cost and extend the life of the LTC
Special LTC controls & accessories ag specffied
Detachable radmtors (shtpped detached)
Complete two stage forced mr cooling
Copper windings
Frmsh and pmnt reqmrements as specified
Undercoating
The external tank bracing members will be used to route all control wiring and capillary tubing unless
specifically disapproved.
Sound level per iNEMA Standard
Standard ANSI tests
Temperature test results from a thermally duplicate umt
Frequency Response Analysis
WAUKESHA ELECTRIC SYSTEMS
BOX 268. GOLDSBORO, NC 27533 QUOTATION
Page 4
SHIPMENT
Shipment wall be via truck, FOB destination, freight prepaid and allowed NOTE There must be no
unusual condtttons that prevent access to the job stte or pad by the tractor/trader If access cannot be
accomphshed due to tnaccesstbdtty or unsafe condtttons, all costs tnvolved tn delays or return trips wdl be
the responstbthty of the customer
OIL DELIVERY
Oil will be delivered wa tanker truck Dehvery and/or lnstallat~on of oxl must be coordinated through our
F~eld Serwce Manager, R~ck Braswell - Telephone 919-580-3219, Fax 919-580-3254
Off ~s tested at the refinery for PCB's per ASTM, D4059 The reported hm[t of sens~tlwty [s less than
2PPM
CRANE SEI VlCE
Crane serwce for placing the transformer onto the pad or designated unloading spot will be contracted and
pa~d for by Waukesha Electric Clear, safe access to the unloading sxte must be available
ASSEMBLY SERVICE
The following will be prowded by Waukesha Electric as part of our assembly serwce
Installatmn of ~tems removed for shipment
Processing and filhng the umt w~th ml
Field tests as specified or reqmred to verify that the umt [s ready to energtze
NOTES'
1 Assembly Serwce must be scheduled through our Field Servtce Manager after dehvery of the umt
Contact Rick Braswell, Telephone 919-580-3219, Fax 919-580-3254 A scheduled start date will be
prowded dependent on current workload and weather conditions at your location
2 There must be no unusual e~rcumstances that prevent access to the job site or pad by the tractor/trailer If
access cannot be accomphshed due to unproper or unsafe s~te conditions, all costs ~nvolved for delays or
return trips will be the responsibility of the customer
Removal of any wooden slads/crates from the job stte after untt assembly wall be by others
WAUKESHA ELECTRIC SYSTEMS
BOX 268' OOLDSBORO, NC 27533 QUOTATION
Page 5
CIRCULAR CORE AND COIL CONSTRUCTION
A core type transformer is quoted herein w~th mrcular core and coil construction The stacked cruciform core
and circular winding assembly is securely braced using rigid box type clamping Th~s construction ~s superior
to wound core or non-c~rcular shaped cores with non-circular windings when subjected to short-circuit
conditions Non-c~rcular wound transformers are intended for less critical apphcaUons and small dlstrthUtlOn
class umts
THROUGH FAULT CAPABILITY
All Waukesha Electric transformers are designed and manufactured to meet short circuit requirements as
outlined m ANSI C57 12 00, Section 7
LOADING CAPABILITY
Our transformers are destgned to carry short time emergency overloads ~n accordance with ANSI C57 92
Keep m mind that thts standard is a gmdelme for emergency condxtions only and should not be used to
determine continuous overloads
MEASUREMENT OF LOSSES
Waukesha Electric utihzes a loss measurement system that is traceable to the National Institute of Standards
and Technology and Is in complete comphance with NBS Technical Note 1204 Waukesha Elecmc
guarantees the tughest degree of accuracy for both load loss and no load loss measurement through the
utlhzation 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 1 Project Name South Substation Transformers
TRANSFORMEK RATINGS
TypePhase OISC3 CoolingClass 138,000HV Volts MVAD 13,200XV Volts Grd Y YV Volts ZV(TV) Volts
Frequency 60I OA I 15 0/16 8 15 0/16 8 MVA I MVA MVA
Temp R~se, °C 55/65 FA 20 0/22 4 MVA 20 0/22 4 MVA MVA MVA
Insul Llqmd O~l FA 25 0/28 0 MVA 25 0/28 0 MVA MVA MVA
ADDITIONAL TAP VOLTAGES I
Terminal Style Taps or kV Capacity
HV DETC +2/-2 ~ 2 5% Full
XV LTC +16/-16 @ 0 625% Reduced
PERCENT IMPEDANCE VOLTS AUXILIARY LOSSES AND SOUND LEVEL
% Windings At MVA MVA Class Aux Loss (Watts) Sound Level dB
7 0 H - X 15 000 15 0 OA 0 0 72
20 0 FA 540 74
25 0 FA 1,080 75
INSULATION LEVELS (kV) PERFORMANCE BASED ON A LOADING OF
Terminal Wlnthng Bushing HV Wmdmg 138,000 Volts ~ 15 0 MVA
HV Line 550 0650 XV Winding 13,200 Volts @ 15 0 MVA
XV Lme 110 110
XV Neutral 110 110
EFFICIENCIES Base MVA = 100%
Load ] 100% 75% 50% 25%
Percent [ 99 63 99 66 99 66 99 53
REGULATION PERFORMANCE DATA No Load Temp 20°C/Load Loss Temp 75°C
Power Factor Percent Regulation Excltmg Current (Percent) and Loss (Watts)
I 0 51 Excitatmn Excttlng Current(%) No Load Loss Load Loss Total Loss
0 9 3 43 100% 276 15,060 41,570 56,620
0 8 4 49 105% 580 18,430
110% 1 656 24,430
MECHANICAL DATA - Not for Construction Purposes D~mens~ons are m roches & weights are m pounds (approx values
Outline Drawing Number Shipping
Base Assembled Shipping Weight (lbs)
Height (A) .... 201 146 Core and Co~ls 56,900
Width (B) 166 208 208 Tank and Fittings 35,170
Depth (C) 75 166 107 L~qmd (5,702 gallons) 42,770
Height over Cover (D) .... 140 140 Total Weight 134,840
Sh~pplng Weight, heaviest p~ece 89,130
08/26/99 4 10 PM Central T~me
CUSTOMER YEAR KVA PRIMARY SECONDARY DESIGN PASSED/
kV kV FAILED
Carolina Power & Light 1970 3750 23 4 80 Y Rectangular Fa~led
Piedmont EMC 1975 7500 115 13 20 Y Round Passed
Memphis L~ght Gas & Power 1976 7500 23 12 47 Y Auto* Faded**
Developmental 1979 1000 12 47 4 80 Y Rectangular Fa~led
Central Marne 1979 5000 34 4 12 47 Round LTC Passed
Utah Power & Light 1979 10000 43 8 24 9 X 12 47 Y Round Passed
Developmental 1981 5000 69 12 47 Elliptical Passed
TESTS WERE PERFORMED PER APPLICABLE IEEE AND ANSl STANDARDS
*Thts design was auto wtth external tap range and low ~mpedance
** Fatled twice Customer accepted
This document ~s tim property of Waukesha Electric Systems, and is loaned subject to remm upon demand Its contents are confidential and must not
be copied or submitted to outside partlez for use or examination All rights to design or invention are reserved by Waukesha Electric Systems
TRANSFORMER
TERMS AND
CONDITIONS
Page 1 of 1
Terms and Conditions of Sale
ACCEPTANCS, GOVERNING PROVISIONS, AND CANCEL- equipment or parts shell be proved to Sellers satiafectlon to
LATIONS No orders shall be binding upon Seller until be defective such equipment or par~ shall be repaired or
accepted tn writing by the Seller at its headquarters office replaced at the Seller's option removal and installation to be
oratitsp~anthftndlingand.p, recesslngsuchordera TheSaller's at Buyers expense Seller's obligation hereunder shall be
acceptance of the Buyers order is cond~fioned upon the limited to such repmr and replacement, F O B its factory, and
Buyer's assent that the terms and oondltions set forth herein shall be conditioned upon Seller's receiving written notice of
shall be deemed as bert of such order No modified or other any alleged defect within ten (10) days after its discovery and,
cond~fions will be recognized by the Seller unless eqeclfically at Seller s option return of such equipment or parts prepaid
agreed to in writing, and failure of the Seller to object to pre- to tts factory This warranty shall not apply to equipment or
wsions contslhed in any purchasa order or other communt- parts which have been subjected to negligence, accident,
cation from a Buyer shall not be construed as a waiver of damage by circumstances beyond Seller's reasonable control
these condifiqns nor an acceptance of any such provisions or ~mproper operation maintenance or storage, or modification
No order accepted by the Seller may be altered or modified by Buyer
by the Buyer unless agreed to in writing by the Seller and The foregoing warranty shall be void and not apply ~f the
no such order' may be cancelled or terminated by the Buyer equipment in question has not bean fully protected by proberiy
except with the w,rlffen consent of the Seller and upon payment
of the Seller's loss, damage and expense arising from such installed and coordinated voltage surge suppressors current
overload, and other current protective devices These dewces
canceltst~on or termination Any agreement of purchase or sale must be rated set, and adjusted to protect the equipment m
shall be construed in accordance with the laws of the State accordance with up-to-date commonly accepted ~ndustry
of W~sconsln standards and practices
PRICE POLICY Unless otherwise stated prices only shall be Under no circumstances will Seller be responsible for damage
hrm for shipment within the quoted lesdtime m excess of the sale price to Buyer for the goods and/or
TERMS OF PAYMENT Unless otherwise specified, terms of services for which damages are claimed
payment are hat 30 days from data ct shipment There will THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
be a 1-1/2% charge per month of the total Invotoe price EXPRESS OR IMPLIED WARRANTIES (EXCEPT TITLE)
beginning 30 days after date of invoice but the amount shall INCLUDING WITHOUT LIMITATION WARRANTIES OF
not be m excess of the applicable usurious rata MERCHANTABILITY AND FITNESS FOR PURPOSE AND
TAXES Price does not include sales, use, excise or other STATES SELLERS ENTIRE AND EXCLUSIVE LIABILITY AND
taxes for which Buyer assumes Itsbllity wherever appl~cabts BUYER'S EXCLUSIVE REMEDY
to this contract CONSEQUENTIAL DAMAGES SELLER SHALL NOT BE
FREIGHT Prices are F O B Jobsite or nearest accsemble LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES
ralls~d;ng freight prepaid and allowed Sellur retains risk of WHATSOEVER
loss until delivery provided Buyer agrees to inspect the
equipment within 72 hours of arrival and advise Seller and 9 PATENTS Sellerw~llmdemnifyBuyerforallegedinfringement
of any patent relating to the equipment furnished by the Seller
carnet of any observable damage or irregularity pursuant to
Seller s Receiving Instructions Any detention charges by the hereunder provided such alleged ~nfringement shall consist
of the use of sa~d equipment or parts thereof In Buyer's business
cerner are the Buyer's responsibility for any of the purposes for which the same were sold and
DELIVERY AND DELAY Seller shall not be liable for any loss provided Buyer shall give to Seller immediate notice m wnt;ng
or damage aS a result of any delay ~n dehve;y or installation of any such suit Seller w~thin a reasonable time w~ll at ~ts
due to any causa beyond the Sellers reasonable control own expense, replace such equipment with non-infringing
including without limitation, an act of God, act of Buyer eqmpmentor remove the smd enlomed equipment and refund
embargo or other governmental act or authority regulation or the sums paid therefore These provisions however shall not
request fire theft, accident strike, slowdown, war, riot, delay apply to any patented equipment or device or part specified
~n transportation, inability to obtain necessary labor, materials by the Buyer
or manufacturing facilities In the event of any such delay, the 10 SUBSTITUTES, CHANGES AND IMPROVEMENT~ Factors
date of delivery shall be extended for a period equal to the beyond the Seller's control and the need for continuing
t~rne lost by reason of delay If shipping or progress of work ~mprovement of products may require changes m products
~s detsyed or' interrupted for any cause for whmh the Buyer from hms to time The Seller reserves the r~ght to make
~s d~rectly ar indirectly responsible, and additional costs
(mclud;ng storage costs)are Incurred by the Seller due to such reasonable changes of products of any kind without notice
and to deliver revtsad designs or models of products against
delays, the Buyer shall reimburse the Seller for such added any order unless the right ~s specifically waived m writing
costs plus reasonable profit thereon The Seller shall have no responsibility whatever with respect
INSTALLATION A~I equipment shall be installed by and at the to changes made by the manufacturer of products sold but
expense of Buyer unless otherwise stipulated Assistance in not manufactured by the Seller
~n;t;al operation of certain equipment and ~nstruction of
operators may be given as normally required Additional 11 RETURNS Goods may not be returned for credit untd and
unless the Seller has given consent in wntmg to accept them
ess~stsnce requested by the Buyer shall be chargeable at Materials not normally stocked by Seller witl not be accepted
standard rates plus ~iving and travel expenses, unless for credit allowance except at the Seller's option Materials
ctherw~sa stipulated returned without Seller s approval will be credited at Seller's
WARRANTIES Seller warrants the equipment to be free from evaluation A mmtmum 15% restocking charge, plus freight
defects ~n material and workmanship for a period of one year charge, will be imposed on the return of stock dams when
after dehvery by the Seller if within such period any such such returns are authonzeq by Seltsr
12/15/99 14 35 AON AON-GRAND RAPIDS ~ 940 349 ?302 NO 125
~0~ ONlY AN~_.~,~.~ NOT AMID, ~END OR
~ ALTER THE COV~R~F AFF~R~ BY THE POLICi~ BELOW
L~ ~a:oo Aven~e ~ ~ COMPANIES AFFORDLN~ COyERA~E
~uice 525
6~6-236-04~5
B
Waukea~ R%e~t~lC S~a~ ---
~X Cu~ pu& ~on C
700 To.raRe Poin~ ~=ivo -
Kuekogon ~ ~9443-330L D
eXCLUSIONS AND CONDITIONS 0P SUCH POLICIES LIM~S SHOWN MAY HAVE PEEN REDUCED BY PAID CLAIMS
5000000
o~U~l~ ~/0~/OO pRODUCTS COMP~P~; I
~Mur ariAL nF~F~A~ L DR~J3~4068980 pE~NAL A A0V I~RY 5000000
AU~OMOBI~ ~Sl~ ~/~S/g8 1/03/ilo COMBINED 51NG~ MMI?
RRf C:Le.y O£ Denton Bid. #3~;OU - ~m: ~:anafo~
045566000
12/15x99 14 ~5 RON RON-GRAND RAPIDS ~ 940 349 ?302 NO 125 P003/005
Attachment to ACORD Certiflnete for, Waukesha Electric Systems, SPX Corporation
CERTIFICATE-HOLDER COMPANIES AFFORDING cOVERAGE
CITY of DENTON
ATTN Tom bhaw
901-B Texan Street
Denton TX 78201 D
The cancelln?mn provision on this Carbflcate of Insurance ~s amended es follows
Said pohcy shall not be cancelled, nonrenewed or matar~allv changed* w~thnut 30 days
advanced written not,be bmng given to the owner (c~ty) except when the policy is being
cancelled for nonpaymen! of premium in which case 10 duyn advance wntTen nobce ~a required
*Material Change means a significant reduction in the provisio~ of the pofl(~Y or the
#mit of coverage for tko policy in plane today.
Add~ilu~al Inauled. City of Denton, ,ts Offl~iola, ^genre, Emplovaes and Volunteers
Ace R,sk Services
12/15/99 14 35 AON RON-GRAND RRPIDS · 940 349 ?302 NO 125 R004/005
~ ~ :IaRTIFICATE lB iSSUED A~ A MA~ I ~ OF INFOrmaTION
~DUC2. ONLY AND CONFERS NO RIGHTS U~N THE pF~IFICATE
A~ RSeX ~e~te~l, Z&o HOLDER THIS CERTIFICATE DOES NOT AMEND, E~END OR L
ALTER THE CO~E THE POLICIE~ BELOW
1v1 ~ol ~e~e ~ ~ COMPANIES AFFDRD)~ COVERAGE
~e~eg~ X~ ~9~4J-~30~ ~M~MY
DE~ TX 763QL u~ an 045566000
12×15x99 14 35 AON AON-GRAND RAPIDS a 940 349 ?302 NO 125 PO05x005
Attachment to ACORD Certlfloate for Wmukesha Electric Systoms. SPX Corl~oration
The term=, cond~TIone and provisions noted below ~t~ hRreby at;ached m the ca;t~oned ce~lfl~a;e as additional deaorlpiion of
COMPANIE~ A~OHDING COVERAGE
CERTIFICATE-HOLOER _
CITY of DENTON ~ U S Fideh~y & Guaranty Co
ATTN Tom Shaw
1 q~l-B Texas Street C
Denton TX 76201
ADDITIONAL POUCI~ If
Co TVDe of Insurange POliCy Number PohGy Exper L~m~te
A WO~Ke~6' CompGn~e~ion & DflE2~I4OeGGB1 11t15/g9
A Nnrkar~' CQmpensation & DRE2314064984
~mDIoyet's Uabllity
A ~orkers' Compensation & DRE2300002900 111199 I/llUU
Employers' L~abllIw
All Workers' Compensation polirm~ deRa¢lbad on this Cs~lflCate of Insurance ere subject to a Self Insured Retention of
~350 000 - Each Claim - Workers' Compensation - Coverage A
$360,000 - Each Clmm - Employer's babillw - Coverage B
~360 O00 - Disease Each Employee - Employe~ s L~a~ll~y - Coverage B
L~mK6 of Liability shown for all Workers Compena~ton pohole8 ~escflbed on title Cmc~hoate of Insurance sro in OKCOGG of the
Self Insure0 Hetentlon limits 8~own above
~aid pnh~y ~hall not be cancelled nontenewed o~ materially changed' w;thout 30 days advanced wrl~en not;ce being g~ven to
the owner {city) ~¢ept when the pohoy Is being cancelled for nonpaymen[ of p~emlum in which case 10 days adva~c wn~en
notice ia cequIred
m pM~ ~Y,
Waiver of Subroga;ion is included In Wnrk;rs' CampenS~lOR Ooholes deathbed hereon
AuthoT~zed ReproaCh[Salve
ACh Risk Sewl~es