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1996-147 ORDINANCE NO ~' Jd~d q AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competmve bids for the purchase of necessary materials, eqmpment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Cotmcfl has provided in the Clty Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION_[ That the numbered items in the follovang numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM ~ ~ VY_,NDDR AMOUNT 1898 ALL J DAVIS ELECTRIC $18,250 00 1903 ALL TRANS DATA INC EXHIBIT "A" 1905 ALL WAUKESHA ELECTRIC SYSTEM $439,620 00 1912 ALL MCKINNEY METALS EXHIBIT "B" 1913 ALL TEMPLE 1NC $171,631 00 SECIION3/ That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to,purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION Ill That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal wxltten agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty Council hereby authorizes the expen&ture of funds therefor ~n the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here~n SECIiOIhL~ That th~s or&nance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s ~day of (~ ,1996 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY SUPP~"Y 01~D -' DATE JULY 2, 1996 CiT~ REPORT TO Mayor and Members of the City Council FROM Ted Benavldes, City Manager SUBJECT BID # 1898 - DIESEL GENERATOR 20 KW RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification, J Davis Electric, in the amount of $18,250 00 SUMMARY: This bid is for the purchase of a 20 kw diesel powered electric generator with engine and transfer switch The unit will replace an obsolete unreliable unit currently intended to provide emergency power to the Service Center The new unit will serve as back-up power for Central Dispatch, Central Radio System, Supervisory Control and Data Acquisition Monitor, Personal Computers, Central Phone System, Lights, HVAC and Appliances Numerous mechamcal problems exist with the older gasoline powered amt malong it unreliable and uneconomical to repair and maintain The lower price offered by Cummins Supply failed to include installation charges BACKGROUNI): Tabulation Sheet PROGRAM~.. I~EPARTMENTS OR GROldP~ AFFECTED. Denton Municipal Utlhty, Service Center Operations ~ 1995-96 budget funds, account #610-105-1051-9350-8301 Respectfully submitted Ted Benavldes City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 738 AGENDA DATE JULY 2, 1996 ~ REPORT TO Mayor and Members of the C~ty Council FROM Ted Benavldes, C~ty Manager SUBJECT RFSP # 1903 - I E D ELECTRIC METERS RECOM[I~IENDATION'. We recommend th~s proposal be awarded to Trans Data Inc ITEM QTY UiqIT PRICE DESCRPTION MODEl. A 10 $1748 00 METER EMS60L09S 14SMPRTX B 5 $1748 00 METER EMS60L0934SMPRTX C 2 $1748 00 METER EMS60L08 S24SMPRTX Estimated total amount $29,716 00 ~ This request for proposal ~s for the purchase of Intelhgent Electromc Metering Devtces These devices wtll make power quality momtorlng available to h~gh use electric utthty customers through personal computers I E D Meters will prowde a w~de range of clear data about the end-users power quahty condmons Commumcatmn ~nterfaces will make Jt possible for the C~ty to access data w~thout going into the field The price of these meters wtll be held firm for one year, quantities hsted are annual esttmates Requests were sent to e~ghtean vendors w~th seven responding BACKGRO]2]511~ Tabulation ofrespondentents, Memorandum from Ray Wells dated June 17, 1996 TMEBIT~ OR GROIJP~ AFFECTED Electric Metenng Dtwston, Electric Uttht~es Department, Electric Utthty Customers of the City of Denton FISCAL IMPACT. Budgeted Funds for Electric Metering for 95-96, account #610-134-1034-3700-9224 Respectfully submitted Ted Benawdes C~ty Manager Prepared by T~tle Semor Buyer Approved Name Tom D Shaw, C P M T~tle Purohastng Agent 745 AOENDA RFSP # --- 1903 ~SP NAME I E D ELECTRIC TRANS METERS DATA 1PEN DATE 5-21-96 INC ITEMi ~QT_Y DESCRIPTION VENDOR EXHIBIT "A" 10 METER MODEL #EMS60LO9SI4SMPRTX_ $1,748 001 B 5 METER MODEL #EMS60L0934SMPRTX $1,748~00 C METER MODEL #EMS60L08S24SMPRTX $1,748_ 00 0~000o ~ .......................................................................... ..................................................................... ~____~ ....... ~____~ ............................................... 96 Jtll l ?0 ?1t 2 .55 CITY O~ ~N"rON MI. INICI~,I~L U~ILITI~$ · 901-A TEXA$ $TREET · ~ENTON TEXAS 76201 TO' TOM SHAW FROM RAY D. WELLS/SUPERINTENDENT, METERING DATE JUNE 17, 1996 SUBJECT: RFSP#1903-I E D ELECTRIC METERS The opemng date for Btd Item # 1903 was May 21, 1996 Seven vendors submttted quotes wtth ftve of the seven taktng execptton to certatn crtterta theretn After careful evaluatton of btd# 1903, tntelltgent Electromc Devtces, we have dectded to award TransData lnc wtth the btd Several factor's dtctated the final dectston however, Transdata Inc came tn wtth the lowest price for both software and hardware, as well as, offenng the best overall support There are three bid ttems wtth a total quanttty of 17 1 E D's tnvolved Item Qty Descnptton Unit Price Total Price A 10 Mark V electrontc Kdowatt Mtr $1748 O0 $17,480 O0 Model EMS6OLO9S14SMPRTX B $ Mark V electronic Kdowatt Mtr $1748 O0 $8, 740 O0 Model EMS60LO934SMPRTX C 2 Mark V Electrontc Kdowatt Mtr $1748 O0 $3,496 O0 Model EMS60LO8S24SMPRTX I respec~lly submtt the above ttems to your for approval "Dedzcated to Qua#ty Serwce" DATE JULY 2, 1996 C~ REPORT TO Mayor and Members of the City Council FROM Ted Benavldes, City Manager SUBJECT BID # 1905 - POWER TRANSFORMER RECOMMEN1)ATION. We recommend this bid be awarded to the low evaluated vendor, Waukesha Electric Systems, in the total amount of $439,620 00 SUMMARY: This bid is for the purchase of a power transformer for use at the Jim Christal Substation Bids were evaluated using the load loss equation to show total lmtlal and operating cost Five bid proposals were received in response to twenty-five notices to bid mailed to prospective vendors BACKGROILNIL Tabulation Sheet, Memorandum from Ray Wells dated June 13, 1996 PROGRAMS, DEPARTME]5[.T~t_OR GROIJp~t~EC, IED~ Electric Substations Department, Electric Utility Division, Elecmc Utility Customers of the City the Denton FISCAL IMPACT: Budgeted funds for Electric Substation for 1995-96 account #611-080-RR87- CDJC-9217 Respectfully submitted Ted Benavtdes City Manager Prepared by Name Denise Harpool Title Senior Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent 747 AGENDA CITY OF DENTON MUNICIPAL UTILITIES · 901-A TEXAS STREET · DENTON TEXAS 76201 MEMORANDUM FRO TOM SHAW, PURCHASING AGENT M RAY D. WELLS, SUPERINTENDENT SUBSTATIONS DATE. JUNE 13, 1996 SUBJ POWER TRANSFORMER BID NO. 1905 ================================================================ The evaluation of bids for the Jim Christal substation power transformer has been completed We recommend the bid of Waukesha Electric Systems be accepted as the iow evaluated b~d meeting spec~flcatzons I am attachzng our tabulation sheet whzch list the evaluation criteria as lzsted in the bzd speczfzcatlons to our vendors I am requestzng thzs be placed on the July 2, 1996 council agenda and I am submzttzng a council agenda item with supportmng information Attachment ml cc R E Nelson Sharon Mays "Dedicated to Ouallty Serwce" POWER TRANSFORMER EVALUATION SHEET BID # 1905 BID NAME 15 MVA 3 PHASE POWER TRANSFORMER BID OPEN MAY21,1996 Cost Evaluation Summary Table WAUKE~HA WAUKESHA KUHLMAN ABB DELTA STAR A Base Price $4-~39,6~ $406~778 00 $402,635 00 $402,950 00 $427,217 00 Energy Losses Cost $219,07~t~60 $279,705 68 $338,912 56 $265,901 60 $247,170 40 Warranty Value $100~000 00 $100~000 00 ~ Field Installation Cost ................ $2,500 00 Field Servloe Cost Unloading Cost (4% FOB Penalty) $12,600 00 $12,600 00 $12,600 00 Tax Adjustment, ($24,953 TOTAL EVALUATEDCOSm $6~8~69~.60 $686.463.68 $854.147.56 $783.951.6{) $659.03346 Evaluation Faotors ~AU~~ WAUKESHA KUHLMAN ABB DELTA STAR A B Warranfy PeriodI S Yt~i,il 5yrs I yr I yr 5yrs Field assembly requirements ye~ yes yes yes yes Cost of additional transformer .$~ i~'J~0~3' $398,890 00 $398,609 00 $395,275 00 $401,129 00 Lasts date to order adltlonal unit ~wk!~ .. 4 wks 26wks 8 wks 27 wks Certrry Losses reference Tamp *~ ? 75c ? 75c Cert~j no load losses kw ~1~92 ii: .... 13 66 13 12 17 70 16 50 Certify load Losses~ kw ~;78 ' ' 53 93 67 11 46 00 43 00 Total losses, kw l ~:2~70: i ~:,,,67 59 80 23 63 70 59 50 Total ooollng requlrementa~ kw ~?i I I 3 1 6 1 2 Impendance in % at 15MVA .7~ .... i~ ...... 78 78 7 78 Reactive Compeh~atlon Cost ~ ~,~0 $29~250 00 $29~250 00 $26~250 00 $29,250 oo Guaranteed dat~ of delivery ~ iiiI ....... 3/97 3/97 26wks 27wks Spare Parts Cost (1)HV bushing .... 3463 3949 (1) LV bushing ............. ~=~::: ~ 1330 742 (1) HVarraster , 4715 (1) LVarrester I '" .... 475 (1) Cooling fan / 560 (1) Set of spare gaskets 400 372 Equipment Specification Exceptions Load tap changer 0~,,, Compliant Compliant Non-Compliant Compliant Tank ~ ,, Compliant , Construotlon ..... ~ ................... " Other " " ,, DATE JULY 2, 1996 CiTYEI1UNCIL REPDRI TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1912 - ANNUAL CONTRACT FOR SALE OF SCRAP ELECTRICAL WIRE AND METALS RECOMMENDATION. We recommend this bid be awarded to the high bidder, McK~nney Metals at the percentages of the "American Metals Market", Houston price for the day of pickup Aluminum 67% Copper Insulated 45% Iron and Steel 52% Copper 100% SIJMMARV: This b~d ~s for the sale of scrap wire and metals from the City of Denton Electric D~vIs~ons Bins are located at the Spencer Pole Yard and pieces of scrap electrical wire, cable, iron and steel are collected The vendor v~ll pick up these bins and pay the city a percentage of the price listed in the "American Metals Market" Houston for non-ferrous scrap on the day of pick up Eight notices to bid were mailed to vendors, two responded BAEJ(~I/N~ Tabulation Sheet PROGRAMS; DEPARTMENTS OR GROUPS AFFECTED. Electric Divisions, Electric UtlhtleS Electric Utlhty Customers of the C~ty of Denton FJ~2AL~MP~CI: Revenue from this sale will be deposited in 610-000-4560-6705 Respectfully submitted Ted Benavides City Manager Prepared by Name Denise Harpool Title Semor Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent 744 AGENDA BID# 1912 BID NAME ANNUAL CONTRACT FOR SALE MCKINNEY i OF SCRAP ELECTRICAL WIRE METALS I AND METALS OPEN DATE JUNE 13, 1996 I % ALUMINUM OLD ALUMINUM SHEET & 67% CAST HIGH SIDE COPPER NON-INSULATED #1 HIGH 100 % SIDE COPPER 45% INSULATED #1 HIGH SIDE IRON & STEEL 52% #2 HEAVY METAL HIGH SIDE BID # 1912 BID NAME ANNUAL CONTRACT FOR SALE MCKINNEY FULTON OF SCRAP ELECTRICAL WIRE METALS SUPPLY & AND METALS RECYCLING OPEN DATE JUNE 13, 1996 1 ALUMINUM OLD ALUMINUM SHEET & 67% 51 CAST HlGH SIDE COPPER NON-INSULATED #1 HIGH 100 % 95% SIDE 3 COPPER 45% 43% INSULATED #1 HIGH SIDE IRON & STEEL 52% 62% #2 HEAVY METAL HIGH SIDE DATE JULY 2, 1996 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Ted Benavtdes, City Manager SUBJECT BID #1913 - AUTOMATIC TRANSFER SWITCHGEAR ~ We recommend th~s bid be awarded to the low b~dder, Temple Inc, at the umt prices bsted Padmount One Tap $22,231 Each Padmount Two Tap $24,027 Each Overhead One Tap $37,782 Each For an emmated annual total of $171,631 00 SUMMARY. Tlus btd is for the purchase of automatm transfer sw~tches for use by the Electric Dtstnbut~on Department These sw~tches will enable power load SWltchmg from a remote location to help ensure unmterrupted serwces to certmn high use electrm utdtty customers Quanttt~es of bid are estimated annual usage The prices of the sw~tches wdl be held firm for one year Four btd proposals were received m response to stxteen b~d packages totaled to vendors BACKGROIINI}. Tabulation Sheet, Memorandum from George Pool dated June 14, 1996 pROGRAMS, DEPARTMENTS OR GROUPS AFFECTEIL Electric Distribution Department, Electric Utd~t~es Diwsion, Electric Utdlty Customers of the City of Denton FISCALJ3~_ACI, Budgeted funds for 1995-96 Electric D~stnbut~on, account #610-1031-1031-3650-9219 Respectfully submitted Ted Benawdes City Manager Prepared by T~tle Semor Buyer Name Tom D Shaw, C P M Title Purchasing Agent 748 AGENDA MEMORANDUM TO Denise Harpool, Senior Buyer, Purchasing FROM George Pool, Associate Engineer DATE June 14, 1996 SUBJECT BID %1913 FOR AUTOMATIC TRANSFER SWITCH GEAR The Electric Engineering Division recommends acceptance of the low b~d from Temple on all three items for automatic transfer swltchgear The b~dders were Pad-Mounted Pad-Mounted Overhead ATO ATO w/One Tap ATO w/Two Taps w/One tap TEMPLE INC. $22,231 $24,027 $37,782 PRIESTER $22,640 $24,115 $38,145 CUMMINS $22,861 $24,350 $38,500 TELCOM ELEC $28,437 $27,170 No Bid The switches will be used to meet the added reliabilIty needs of our large commercial and industrial customers such as Sally Beauty Supply and other critical loads such as hospitals facilities cc R E Nelson, Executive Director of UtIlIties Sharon Mays, Director of Electric UtilitIes Ray Wells, Superintendent of Electric Operations CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 2 day of ~u,.~ A.D., 19 96 , by and between CTTY OF DENTON of the County of DENTON and State of Texas, acting through TED thereunto duly authorized so to do, hereinafter termed "OWNER," and P.O. BOX 268 2701 U.S. 117 SOu'£~ GOT.nSBOROw NC 27530 of the City of ~OLDSBO~O , County of and State of NORT~ ~a~OT.T~ , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1905 - POWER T~ANSFORMER in the amount of $439~620.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ~CTRICAL ENGINEEI~ING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit, city shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the city of Denton, Texas, or his designee under th~s 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 Ve~e 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. OWNER (SEAL) ATTEST: ~ ~~ WAu~S~A ~.~CT~C SYSTEMS CONTRACTOR Waukesha Electric Systems 2701 U S. 117 South P 0 Box 268 Goldsboro~ NC 27530 MAILING ADDRESS 919-580-3215 PHONE NUMBER 919-580-3254 FAX NUMBER BY Sr Technical Service Rep Fl~)d ~/' Hlnkson PRINTED NAME APPROVED AS TO FORM: /~ / (SEAL) city AAA0184D I / Rev 07/28/9~ CA - *Bond Executed in Four Counterparts* PERI ORMANCI BOND STATE OF TEXAS COUNTY OF DENTON Bond No. 335 745 KNOW ALL HEN BY THESe. PRESENTS: That A Dlvlslon of GS Power Systems, Inc. , of the City of County of w~v,~ , and State of as PRINCIPAL, and Seaboard Surety Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF as OWNER, in the penal sum of ~ HI~NDR~D THIRTY NINE THOUSAND SIX ~mD~D ~ AND NO/100 .......... Dollars ($.439,620.00 .) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 2 day of JULY , 19 9~ for the construction of BID # 1905 -POWERTRANSFORMER which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of Jul$ , Waukesha Electric, A Dlvlsl0n of GS Power Systemst Inc. Seaboard Surety Compan~ Principal Surety Tlt~,~a?e~%p~h~nt~&~;rea~surer Title Attorney-In-Fact~Lesl~e A. Rellly Address: 1 ~gh R~_.~ P~rk Address: 301 Tresser Blvd. Stamfor~ CT 06905 Stamford~ CT 06904-2120 The name and address of the Resident Agent of Surety is: Lawr~nn~ W~ W~ldl~ 3300 Commerce Tower, 2200 Ross Avenue, Dallas, TX 75201-7988 NOTE: Date of Bond must not be prior to date of Contract. lexas'~es~dent ¢ountersl~n~n§ g§ent AAAO184D Rev. 07/28/94 PB 2 For verification of the authenticity of th s Power of Attorney you may ca I col ec~ 908 658 3500 and ask for the Power of Attom.e.y clerk Please refer to the Power of Attorney number, the above named Individual(e) and details of the bond to wh ch the power s attached In New York Dial 212-627-5444 ACKNOWLEDGMENT FOR ANNEXED INSTRUMENT STATE OF Connecbcut COUNTY OF Fairfield On this. 17th day of Jul.y ,1996 before me personally came Leslie A. Really who, being by me duly sworn, did depose and say that he )s an Attorney-mn-Fact of the Seaboard Suret,y Company and knows the corporate seal thereof, that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he signed said ~nstrument as an Attorney-mn-Fact of said Company by like Authority My Commission Expires Acknowledged and Sworn to NIAI~Y ANNI~ BURl(ii before me on the date above ~OTA~Y PUS~.IC wr,tten MY C0MMI~ION IU(PIRES AUG 3[, [996 (NotarY- Pubhc) *Bond Executed In Four Counterparts* PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Bond No. 335 745 KNOW ALL MEN BY THESE PRESENTS: That WAur,~SHA A Division of SS Power S~stems, Inc. of the City of GOLDSBORO Count , , and the State as principal, and Seaboard Surety Compan.¥ euthorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto ,,, 'r~ CIT~ OF DE~TON , O}~ER, in the penal sttt~ of FINANCIAL STATEMENT Seaboard Surety Company® Admmmtrat~ve Offices DECEMBER 31, 1994 Bedmlnstel New Jersey ASSETS LIABILITIES *Stocks and Bonds $258,952,211 Reserve for Unearned Premiums $66 498 244 Cash m Office & Bgnks 1,411 604 Claim Re~erve 60 722 115 Accrued Interest 3 827,478 O~er Rose.es 18 121 647 Outstanding Premiums I 332,806 Capttal Stock 5 0~ 000 Accounts Receivable 5 544,430 Surplus 121 808 566 Other Assets 1 082,~3 To~ Adm~tte~ Assets $272,150,572 Total habtht~es $272 150,572 *Bonds and stocks are v~ued on basis approved by National AssocmtlOn of Insurance Commissioners STATE OF NE~ JERSEY ss COUNTY OF SOMERSET I, G F THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing ~s a full, true and co~ect c~py of the F~nancml Statement of satd Company, aq of December 31 1994 I 17th IN WITNES~ WHE~OF, I have stgned th~s statement at New York, New York, th~s day of ~ dulg , X~O;~ President Rew~ed Form 157 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings aocompanyingthe same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of 19 96 . Waukesha Electric, A Dlwslon of GS Power Systems, Inc. Seaboard Surety Company Principal Surety Address~ 1 M~gh R~dg~ Park Address: 30I Tresser Blvd, ~t,mCn~. £onm~t~out 0690~ Stamfgrd, CT 0§~04-2120 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Lawrence W. Wa]die 3300 Commerce 10wer~ 2200 Ross Avenue~ Da]las, IX 75~01-7988 Texas Resident Counters~gn~n§ Agent AAA0184D Rev, 07/28/94 PB - 4 For verification of the authent olty of th · Power of Attorney you may call collect 908 658 3500 and ask for the Power of Attom?.y clerk Please refer to the Power of Attorney number, the above named Individual(s) and details of the bend to wh ch the power s attached In New York Dial 212627-5444 ACKNOWLEDGMENT FOR ANNEXED INSTRUMENT STATE OF Connecticut COUNTY OF Fairfield On th~s. 17th day of July ,1996 before me personally came Lesl le A. Relll y who, being by me duly sworn, d~d depose and say that he ~s an Attorney-m-Fact of the Seaboard Suret.y Compan.y and knows the corporate seal thereof, that the seal affixed to sa~d annexed instrument Is such corporate seal, and was thereto affixed by authority of the Power of Attorney of sa~d Company, of which a Cerbfled Copy is hereto attached, and that he s~gned sa~d instrument as an Attorney-m-Fact of sa~d Company by hke Authonty My Commission Expires Acknowledged and Sworn to before me on the date above NIAR¥ ANNE BURKE NOTARY pUBLIC written MY ~,aMMI$$10N EXPIRES AU~ 3t ~,996 (Notar~ P~bhc)' - CONFER8 NO RIGHT8 UPON THE OSIllFIOA'FE I I, 1HIB CBMIFI~Am XIB~'mh & XOL _.e~_~, Z~Cl_Oz'~o~At, e4 DOESNOTAMB4D, i~XTmWORALlBRl14E~AFi=ORDEDBYTHE 30L T2:esse~ Bou].oYK~ ,.,POUC:IESBELOW. ............ BOX 3.0 3.~ 0 5tam:~'oZ'd,, C~T 06004 COMPANIES AFFORDING COVE~ACIE isrrm A '~P.~VRL~R8 Z~D~TqZ O1P ZLL. mumo ,.-,,.,, B '~R~,VRLR~O.S Z~iD;MMZT'g C~O OF C'T W&ulcesha BXeo~.z'lc fl~'stems ~ C 1~,,0. DOX 268 oo'tdsbo=o, ~tc2 27530 ,.~,-~ D INDIP. A'I~D. HC)IA~THffT, AHGIN~1.4Hy IIE~, 'IERM L~R C~NorflON OF ANY C~ ~ OTHI~ IAOC~IHENT' M~ ~ M WHI~ ~S ClIKY'IPlGA~II MAYBE I~t~O OR MAY PI~I'~MII, ~ I/d~llL4~14~ ~ W'(I~ i~01J01~; 01BSCRIBIIO Hg~IN IS GIJB,#tCT TO ,4JJ. THE 1~Rh48, i~XC;LUSIO~ AN0 CON0111ON8 QP GUCH 1~31JGIEG. U MIT8 SHOWN MAY HAVE BGEN REOUC]ED BY P/4 r~ GLAIIVl8, FINANCIAL STATEMENT Seaboard Surety Company® DECEMBER 3I~ I994 Bedmmster New Jersey ASSETS LIABILITIES *Stocks and Bonds t $258 952,211 Reserve for Unearned Premiums $66 498 244 Cash m Office & B~ks 1,411,604 d]mm Reserve 60,722 115 Accrued Interest I 3,827 478 Other Reserves 18,121 647 Outstanding Premiums 1,332,806 Capital Stock 5 000 000 Accounts Receivable 5 544,430 Surplu~ 121,808 566 Other Assets 1,082,043 Total Admitted Assets $272,150,572 Total L~abll~ties $272 150 572 STATE OF NEW JERSEY COUNTY OF SQMERSET ], G F THO~IPSON, President of SEABOARD SURETY COMPANY do hereby certify that the foregoing is a full, true and correct copy~ of the Ftnanclal Statement of smd Company, a~ of December 31, 1994 IN WITNES,; WHEREOF, I have s~gned th~s statement at New York, New York, th~s ~ 7'~ ~ day of (~~ President ReYtsed Form 157 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 B,d submission the availabdity of Insurance certificates and endorsements aa prescribed and provided herein. If an apparent Iow 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: W~thout limiting any of the other obhgat~ons or habd;tles of the Contractor, the Contractor shall provide and mmntmn untd the contracted work has been completed and accepted by the City of Denton, Owner, the m~mmum ~nsurance coverage as indicated hermnafter. As soon as practicable after not~f,cat~on of b~d award, Contractor shall file w~th the Purchas;ng Department satisfactory certificates of ~nsurance, containing the bid number and t~tle of the project Contractor may, upon wntten request to the Purchamng Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests pnor to b~d opemng, s~nce the insurance requirements may not be modified or waived after b~d opening unless a written exception has been subm;tted w,th the b~d 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 ~nsurance pohcles proposed or obta;ned ;n satlsfact;on of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance w;th these general spec;flcat~ons throughout the duration of the Contract, or longer, if so noted. · Each pohcy shall be ~ssued by a company authorized to do bus~ness ;n the State of Texas w~th an A M Best Company rating of at least ~ · Any deductibles or self-~nsured retentions shall be declared ~n the b~d proposal If requested by the City, the ~nsurer shall reduce or ehmmate such deductibles or self-~nsured retentions w~th respect to the C~ty, ;ts AAA00350 REVISED 10112/B4 CI - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investlgat,ons, claim edministratlon and defense expenses. · Liability policies shall be endorsed to prov,de the follow,ng. · · Name as add,tlonal insured the City of Denton, ~ts Officials, Agents, Employees and volunteers · · That such ~nsurance ~s primary to any other ~nsurance ava;lable to the additional ~nsured with respect to claims covered under the policy and that this ,nsurance applies separately to each insured against whom claim ~s made or suit ~s brought. The ~nclus,on of more than one insured shall not operate to increase the ~nsurer's limit of liab~l,ty · All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage · 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 dunng the contract term which give rise to claims made after expiration of the contract shall be covered. · Should any of the required ~nsurance be prowded under a form of coverage that includes a general annual aggregate hm~t providing for claims investigation or legal defense costs to be included ~n the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective L~abllity 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 th~s contract, effective as of the lapse date If insurance is not reinstated, City may, at ~ts sole option, terminate th,s agreement effective on the date of the lapse AAA00360 ~V~SED ~o~=~4 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance pohcms proposed or obtained ~n satisfaction of this Contract shall add,flonally comply w~th the following marked specifications, and shall be ma,ntmned in compl,ance with these additional specificat~ons throughout the durat;on of the Contract, or longer, if so noted: General Liab,hty Insurance: General Lmbd~ty insurance w~th combined s~ngle hm~ts of not less than 000 t 000.00 shall be prowded and maintained by the contractor. The pohcy shell be written on an occurrence bas~s rather ~n a single pohcy or ~n a combination of underlying and umbrella or excess pohcies. If the Commercml General Liabihty form (ISO Form CG 0001 current edition) ~s used' · Coverage A shall ~nclude premises, operations, products, and completed operations, ~ndependent contractors, contractual hab~hW covenng th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal ~njury · Coverage C, medical payments, ~s not required If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, ~t shall ~nclude at least' · Bodily ~njury and Property Damage Lmb~hty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab~hty (preferably by endorsement) covenng th~s contract, personal ~nlury hab~hty and broad form property damage hab~hty AAAOO360 REVISED 10/12/04 CI - 3 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall prowde Commercial Automobile LiabiiiW insurance with Combined Single Limits (CSL) of not less than ~l,poo,ooo.0oeither in a single policy or in · combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage ]iabihty 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 pohcy endorsement for: · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and ma,ntain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all r,ghts of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For budding or construction projects, the Contractor shall comply with the provisions of Attachment I m accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Comm~smon (TWCC) [ ] Owner's and Contractor'a Protect,ve Liability Insurance The Contractor shall obtain, pay for and maintain at all t,mes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as ~nsured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 I~c¥1SED 10/12/04 CI - 4 Insurance Requirements Page 5 "oocurrence" basis, and the pol,cy shall be ~ssued by the same insurance company that carries the contractor's liability ,nsurance Policy lira,ts well be at least combined bod,ly injury and property damage per occurrence w~th a aggregate [ ] Fire Damage Legal Liability Insurance Coverage ;s reqmred ~f Broad form General Liability ;s not prov,ded or ~s unavailable to the contractor or ,f a contractor leases or rents a portion of a C;ty building Limits of not less than each occurrence are required Professional Uab,lity Insurance Professional I~abll,ty insurance w~th I,mlts not less than per cla,m with respect to negligent acts, errors or omissions in connection w,th profess,onal services ~s required under th~s Agreement [ ] Bu,lders' Risk Insurance Builders' R~sk Insurance, on an AII-R;sk form for 100% of the completed value shall be provided Such policy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other ~nsurance may be required on an indlwdual bas,s for extra hazardous contracts and specific serv,ce agreements If such additional ~nsurance ~s required for a specific contract, that requirement w~ll be described ~n the "Specific Cond,t~ons" of the contract spemflcat~ons AAA00360 ~-v~sE= ~o/~2e4 CI - 5 Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions. Certificate of coverage ("certiflcate"}-A copy of a certificate of insurance, a certificate of authority to self-lnsure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TVVCC-83, or TWCC-84.), showing statutory workers' compensation insurance coverage for the person's or entlty's employees providing services on a project, for the duration of the project. Duration of the project - ,ncludes the t~me 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" ,n §406 096) - includes all persons or entities performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w,th the contractor and regardless of whether that person has employees Th~s includes, without limitation, independent contractors, subcontractors, leasing compames, motor carr,ers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without hmltatlon, providing, hauling, or delivering equipment or mater,als, or providing labor, transportation, or other service related to a project. "Services" does not ~nclude act,v~tles unrelated to the project, such as food/beverage vendors, office supply deliveries, and dehvery of portable toilets. B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and fll,ng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowding services on the project, for the durat;on of the project AAA00350 ~v~s£D ~0~2=4 CI - 6 Insurance Requirements Page 7 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 w~th 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 beg~nmng work on the project, so the governmental entity will have on file certiflca{es 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 mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prowsion of coverage of any person prov.dlng services on the project H. The contractor shall post on each project site a notice, ~n 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 AAA00360 REVISED 10112/~4 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually requ,re each person w;th whom ,t contracts to provide services on a project, to: (1) prov,de coverage, based on proper reporting of class,flcation codes and payroll amounts and fding of any coverage agreements, wh,ch meets the statutory requirements of Texas Labor Code, Sectmn 401 011 (~.~.} for all of ,ts employees prov,dlng serv;ces on the project, for the duration of the project, (2) prov,de to the contractor, prior to that person beginning work on the project, a certificate of coverage show,ng that coverage ,s being prov,ded for all employees of the person prov,dmg services on the project, for the duret,on of the proJect, (3) prov,de the contractor, prior to the end of the coverage period, a new certificate of coverage showing extens,on of coverage, ,f the coverage per,od shown on the current certificate of coverage ends dunng the duration of the project; (4) obtmn from each other person w~th whom ~t contracts, and prov,de to the contractor (a) a certificate of coverage, pnor to the other person beg~nmng work on the project, and (b) a new certificate of coverage show,ng extension of coverage, pr,or to the end of the coverage per,od, ,f the coverage penod shown on the current cert,flcate of coverage ends dunng the duration of the project, (5) retain all required certificates of coverage on fde for the duration of the project and for one year thereafter, (6) notify the governmental ent,ty ~n writing by cert,fled mad or personal dehvery, w,thm 10 days after the parson knew or should have known, of any change that materially affects the prov,s~on of coverage of any person providing aery,cea on the project, and AAA00350 REVISED 10112/94 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing th,s contract or providing or causing to be prov,ded 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 comm,ss~on'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 ~s 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 AAAOO360 ~V~SED ~o~=~4 CI - 9 PROPOSAL FOR POWER TRANSFORMER City of Denton, Electric Ubhty Department, 901 B Texas Street, Denton, Texas 76201 ATTENTION Mr Tom Shaw, Purchamng Agent PROPOSAL FOR Power Transformer BID NUMBER # GENTLEMEN The undermgned bidder hawng read and examined these spemflcat~ons and assomated contract documents for the above designated equipment does hereby propose to furmsh the equipment and prowde the service set forth ~n th~s Proposal All pnces stated hereto are firm and shall not be subject to escalabon prowded this Proposal ~s accepted within mxty (60) days The undermgned hereby declared that the following hst states any and all variations from, and exceptions to, the requirements' of the contract documents and that, otherwise, ~t ~s the ~ntent of th~s Proposal that the work be performed m strict accordance w~th the contract documents The undersigned bidder hereby proposes to furmsh one Power Transformer complete FOB, Denton, Texas, ~n accordance w~th these spemflcat~ons and assomated contract documents hsted in GENERAL CONDITIONS, Article GC-1, for the firm lump sum price of (Price in Words) M.TX t~n~,.~- ~-oss/ L.~-'~, R,~-~- ~T' The undersigned hereby declares that only the persons or firms ~nterested ~n the Proposal as principal or principals are named here~n, and that no other persons or firms that here~n mentioned have any ~nterest ~n th~s Proposal or ~n the Contract Agreement to be entered into, that th~s Proposal ~s made w~thout connection w~th any other person, company, or part~es hkew~se subm~tbng a bid or proposal, and that it ~s in all respects for and ~n good faith, without collusion or fraud If th~s Proposal is accepted, the undersigned b~dder agrees to submit drawings and engineering data ~n accordance with Section lC and to complete delivery of equipment and materials ~n accordance w~th the sh~ppmg schedule specified The undersigned fully understands that the time of drawings and data submittal and equipment and materials delivery ~s of the essence Datedat ~"'0~.'~..5¢5~..0/ I,J(~.- th~s l-'/'n4 dayof t.4/~f' , 1998 Title -~-~.~- / , - Attest .~ Business Address of B~dder State of Incorporat,on Address of Principal Off[ce PROPOSAL DATA 1 0 GENERAL A complete descnptlon of all proposed equipment and materials shall be submitted w~th the Proposal 2 0 SPARE PARTS B~dders shall submit a hst of recommended spare parts which the Owner should stock for normal maintenance purposes The spare parts hst shatl be organized ~n the following format Item No required Unit price 3 0 EQUIPMENT DATA The ~nformatlon required on the following pages ~s to assist the Owner ~n evaluation of the Proposal The data hsted hereto shall not reheve the Contractor of h~s respons~b~hty for meeting the requirements of the detailed spec~ficabons Note Wr~te entries boldly w~th black ~nk or type entries using carbon black ribbon I POWER TRANSFORMER (Bidder's Name) Gallons of o~1 Gallons of o~1 sh~pped e~ernal to transformer Total sh~ppmg weight, tb Total weight of assembled transformer ~nclud~ng o~1, lb . Weight of tank and fittings, lb Weight of o11, lb durlngWe~ghterect~ons,°f largest IbP~ece for handhng W~II transformer be sh~pped completely assembled If not, what parts wdl require field assembly Fans Pumos Total Power requirements of coohng equipment at 100% rated load, kw ,/' Maximum calculated sound level, at rated 65° C FOA or FA load, decibels Approximate d~mens~ons / Height, ~nches ~-/~ ,/~F'./~..07 W,dth, ,nches - Depth, inches / Unit Price for each additional ~dentlcal Power Transformer '?,2..0. oO ~ g~O oo Last date an ~dent~cal Power Transformer unit could be cancelled w~thout penalty ~f ordered ~ o .c.~' ~o Pnce adder for the short c~rcu~t '~c~ No load loss at 55° C OA rating, kw 100% rated vo,age, kw 90% rated voltage, kw 75% rated voltage, kw 50% rated voltage, kw 25% rated voltage, kw Total loss at 55° C OA rating, kw 90% rated ~A, kw 75% rated ~A, kw 50% rated ~A, kw 25% rated ~A, kw Total loss at 55~ C FNFA or FCA rating, 110% rated ~A, kw 100% rated ~A, kw 90% rated ~A, kw 75% rated ~A, kw 50% rated ~A, kw 25% rated ~A, kw Guaranteed e~c~ency at 55" C OA FA or FOA rating oo% .ted % 75% rated Icad, % 25% rated Icad, % Exc~bng current ~n % of full 55" C OA rated Icad current at 110% rated voltaoe 100% rated voltage 90% rated voltage Impedance of winding at nameplate 55° C OA rating 100% power factor, % 80% lagging power factor, 80% leading power factor, H~gh voltage bushing manufacturer and type Guaranteed date of dehvery /I,'Jp/~.c./V / ~] ~,7