1991-068ORDINANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR EXPENDITURE OF FUNDS PUBLIC THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATES
WHEREAS, the City has solicited, received and tabulated com-
petitive 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 receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposals and plans
and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the con-
struction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids
BID NUMBER CONTRACTOR AMOUNT
1241 Magnetek Electric $809,450 00
SECTION II That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders furnishing of performance and payment bonds, after notificationaof
the award of the bid
SECTION III That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided are made in accordance with the Notice to Bidders and Bid Propos-
als, and documents relating thereto specifying itles and condi-
tions, plans and specifications, standards, quantities
sums contained therein
SECTION IV That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by 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 im-
mediately upon its passage and approv 1
~1 14-1
PASSED AND APPROVED this the day of ,1991
BOB CASTLE BERRY, MAYO
91
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO D AS O LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
KLASLtk
CONTRACT AGREEMENT MAY 10 1991
STATE OF TEXAS
COUNTY OF DENTON
A~)SOC1ATEs
THIS AGREEMENT, made and entered into this 7 day of MAY
A.D., 1991 , by and between THE CITY OF DENTON
of the County of DENTON and State of Texas, acting through
LLOYD V. xaRRIU thereunto duly authorized so to do,
hereinafter termed 'OWNER,' and
MAGNETEK ELECTRIC, INC. c/o KEASLER ASSOCIATES, INC.. 2901 ST. ANDREWS.
RICHARDSON, TEXAS 75082
of the City of RICHARDSON , County of DALLAS
and State of TEXAS , 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 bearing even date herewith, CONTRACTOR
hereby agrees with OWNER to commence and complete performance of the work
specified below:
BID #1241 - POWER TRANSFORMER AND/OR SDBSTATTON PACKARR in the amm.nr of
$809,450.00.
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
CA-1
0114s
other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by
CITY OF nFNTON FNCTNFFRTN(_ CTAFF ,
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Independent Status
It is mutually. understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall not be
deemed to be or considered an employee of the City of Denton, Texas, for the
purposes of income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee benefit.
City shall not have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall perform the
services- hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee
under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless
the City of Denton from any and all damages, loss, or liability of any kind
whatsoever, by reason of injury to property or third persons occasioned by any
error, omission or negligent act of Contractor, its officers, agents,
employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost
and expense, defend and protect the City of Denton against any and all such
claims and demands-in accordance with the MagneTek Electric indemnification
clause, section TC4 of the Proposal. ~YL
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and
venue for its construction and enforcement shall lie in the courts of Denton
County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in written notice to commence
work and complete all work within the time stated in the Proposal, subject to
such extensions of time as are provided by the General and Special Conditions.
. The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown in the Proposal, which forms a part of this contract, such
payments to be subject to the General and Special Conditions of the Contract.
CA-2
0114s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
CITY OF PJ61TON
OWNER
B~
VV /61'
(SE
ATTEST:
MAGNETEK ELECTRIC. INC. c/o KEASLER ASSO.
CONTRACTOR
By
Title
(SEAL)
APPROVED AS TO FORM:
_
CC Attorney
CA-3
0114s
PERFORMANCE BOND
r
STATE OF TEXAS
Bond SM 771
V®ND PREMIUM s'AGED ON Premiu'm3$8, 095.008 00
COUNTY OF DENTON ) FINAL CONTRACT PRICE
s-
KNOW ALL MEN BY THESE PRESENTSt That "MAGNETEK ELECTRIC, INC.
of the city of AI SON
County of DAILAS and State of TEXAS
as PRINCIPAL, and American Motorists Insurance Company
as SURETY, authorized under the laws o:
the State of Texas to act as surety on bonds for principals, are held and firml
bound unto the THE CITY OF DENTON
as OWNER, In the penal sum of 1 NINE THOUSAND FOUR HUNDRED FIFTY AND
NO 100---------.-Dollars ($-09,450.00 ) for.. the
payment whereof, the sai(
Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal hasentered into a certain written contract
with the OVER, dated the 7 day of MAy 1991 , for the construction of
non a,....
which contract is hereby referred to and oaade a dpart 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 covananted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plane and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts' of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in.accordance with the provisions of said Article to the
'same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in lDa. 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 plane, specifications, or drawings accompanying
the same, shall in auyvise 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 21st day of June , 1991
.
MagneTek Electric, Inc.
Principal
BY ~2F~tcify/~cir try
Title
American Motorists Insurance Company
Surety
Wil is J..Shupper, Attorney;'In'Fact.
Ti
nanona,
tai"-r PLC
STATE F CALIFORNIA, COUNTY OF LOS ANGELES S.S iomnanma
On J~1N 2 1 1991 , before me a Notary Public, within and for the said County and State,
personally appeared William J. Shupper , known to me (or satisfactory evidence) to be the person whose name is subscribed rtoetheowime on the basis f
thin instrumentoas
the ATTORNEY IN FACT of and for the AMERICAN MOTORISTS INSURANCE COMPANY and acknowledged to
me that he subscribed the name of the AMERICAN MOTORISTS INSURANC COMPANY there o as Surety,
and his own name as ATTORNEY IN FACT.
I~ = 1 H~
cFF!cIA sent NOTARY PUBLIC
cF c, bVli_LIAMS
r ° ti .n. > is .cuvCnwA
Uf9TY
A"•V commtssian Expues uay 6. 1994
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
0091b
PATIENT BOND
STATE OF TEXAS
Bond # 3SM 771 008 00
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTSi That
81ECTRIC INC c/o
~EASLER.ASSO__ rNC~ of the City of R CHAgDSO
County Of DALLAS '
and State of TEXAS as principal, and
American Motorists Insurance Company
authorized under the laws of the State of. Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON
, OWNER, in the penal sum of EIGHT HUNDRED NINE THOUSAND
FOUR HUNDRED FIFTY NO 100
Dollars 809.450,00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a. certain written contract
with the Owner, dated the 7 day of WAy
0 19 91 .
bid 1241 Power transformer and /or Substation package in the amount of $809,450.00
i
to 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 SIICH, that if the
said Principal shall pay all Claimants
subcontractor in supplying labor and material to him or a
the prosection Of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed
provisions of Article 5160 of the revised Civil Statutes of Texas as tamended tby tthe
he
bond
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this shall be same extent as if it were coopiedoataleng h herein. provisions of said Article to the
PB-3
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 anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITHNESS WHFREOF, the said Principal and Surety have signed and
sealed this instrument this 21st day of June 19 91 ,
MagneTek Electric, Inc.
Principal
By
Title,
I
American Motorists Insurance Company
Surety
l
Willi m' Shupper, Attorney In Fact
Title
Address Address 7470 N...Figueroa, Street
Los Angeles, Ca 90041
r-1
narlona
amranlcs
ITATE OF CALIFORNIA, COUNTY OF LOS ANGELES S.S . A
On JUN 2 1 1991 , before me a Notary Public, within and for the said County and State,
personally appeared William J. Shopper , known to me (or proved to me on the basis of
tisfactory evidence) to be the person whose name is subscribed to the within instrument as
t e ATTORNEY IN FACT of and for the AMERICAN MOTORISTS INSURANCE COMPANY and-acknowledged to
m, that he subscribed the name of the AMERICAN MOTORISTS INS CE COMPANY thereto as Surety,
a d his own name as ATTORNEY IN FACT. L I~
NOTIAKY MUG
OFFICIAL SEAL
KE HNA D. WILLIAMS
NOTANV PU P.IIC GALIPo nNIA
,2 ~+i el?;;I :G R~L Q~%ICiIN
k'ii'~}7_OS aNGEI_CS COUNTY -
N.y Cocmasmn Exprtc; P.1ay 6, 199E
PB-4
0092b
MAINTENANCE BOND
STATE OF TEXAS Bond # 3SM 771 008 00-A
COUNTY OF DENTON
KNOW ALL.MEN BY THESE PRESENTS: THAT MAGNETEK ELECTRIC; INC.
clo rgkgLRR Agso_ INr._ as. Principal, and American MOtorists Insuran VaLly
a Corporation authorized to o usinese in the Rate of
Texas, as Surety,- do hereby acknowledge themselves to be held and bound to pay unto
the City of Denton, A Municipal Corporation of the State of Texas, its successors
and assigns, at Denton, Denton County, Texas the sum of EIGHTY THOUSAND NINE HUNDRED
FORTY FIVE AND Dollars of
c-~al amount of the contract for the payment of which h..sum sai pr neipal and
surety do hereby bind themselves, their successors and assaigns, jointly and
severally.
This obligation is conditioned, however, that:
WHEREAS, said MAGNETEK ELECTRIC. INC. c/o M Du INC,
has this day entered into a written contract wit t e said City O Denton to uil
and construct _ BID 11241 - PrNPR TRAMRVAUKRV arm/no OMUM.Tlnv nA. A^v
which contracts the plans and specification;-therein mentioned, adopted by -t e
City of Denton, are filed with the City Secretary of said City and are hereby
expressly incorporatd herein by reference and made a part hereof as though the same
were written and set,out in full herein, and:
WHEREAS, under the said plans, specifications, and
contract, it is provided that the Contractor will maintain and keep in good repair
the work therein contracted to be done and performed for a period of one (1) year
from the date of acceptance thereof and do all necessary backfilling that. may
become necessary in connection therewith and do all necessary work toward the
repair of any defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on constructing
the same or on account of improper excavation or backfilling, it being understood
that the purpose of this section is to cover all defective conditions arising by
reason of defective materials, work, or labor performed by said Contractor, and in
case the said Contractor shall fail to repair, reconstruct or maintain said
improvements it is agreed that the City may do said work in accordance with said
contract and supply such materials and charge the same against the said Contractor
and its surety on this obligation, and said Contractor and surety shall be subject
to the damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions.of said contract and this bond.
MB-1
0093b
nuw, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for the maintenance
.period of one (1) year, as herein and said contract provided, then these presents
shall be null and void and have no further effect; otherwise, to remain in Full
force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that Successive recoveries may
be had. hereon for successive breaches of the conditions herein provided until. the
full amount of this bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue throughout said
maintenance period, and the same shall hot be changed, diminished, or in any manner
affected from any cause during said time.
IN WITNESS HEREOF the said
ese presents to be y as Contractor an Pr ncipa His caused
execute
and the said
as surety, has Caused these presents to be 1!11 y its Attorne
y- n-Fact
and the said Attorney-in-Fact has hereunto set ids Sand
this sy o 19
SLRETYt PRINCIPAL.
American Motorists Insurance•Company MagneTek Electric, Inc:__ .
BY:
illiam J.,Shupper
STATE OF CALIFORNIA, COUNTY OF narmna
/~/~1 LOS ANGELES S.S rtc
On .JUN 1 1QQ1 camranmI
before me -a Notary Public, within and for the said County and State,
personally appeared William J.
Shopper
satisfactory evidence) to be the person whose,namewistsubscribedrtoetheowithin instrumentoas me (or me on the basis
the ATTORNEY IN FACT of and for the AMERICAN MOTORISTS INSURANCE COMPANY and acknowledged to
me that he subscribed the name of the AMERICAN MOTORISTS INSURANCE COMPANY-thereto as Surety,
an his own name as ATTORNEY ,.PACT
OFFICIFlL SEAL a, , ) D~ /I.
Kl ANA D. N'iILIAM$ ~l A ~,Y
f xn-+F. ~uei it cnu~aanu
I:~'^ PUBLIC
~(~..~f•:/ .CiIkC, P{L Of FCEIN
~.<z•~ Losnvc,.Lescourarr
_ - ~'IY Cammssmn EM pire; May fi. 1930
HB-2
00936
AMERICAN MOTORISTS INSURANCE COMPANY
Home Offico: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
f
naTlonaL
InsURance
companies
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint**"************..**"*.*..
William J. Shupper of Los Angeles, California *****ftfttttt*4F4F4F4tft4tfttttt4tf[iFft ft
its true and lawful agent(s) and attorneyls)-in-fact, to make, execute, seal, and deliver during the period beginning
with the date of issuance of this power and ending December 31, 1992, unless s r revoked f its behal as
surety, and as its act and deed: Any and all bonds and undertakings proviYeVtTe amountt
of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00)****
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bone
within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American
Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and
accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in
full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizanoes, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the
23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Socretary, and the signature of the Secretary, the seal of the Company and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 232 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this l 5th day of A1gu S t. , 19 cZ,
Attested and Certified:
AMERICAN MOTORISTS INSURANCE COMPANY
By F. C. McCullough, Secretary S. Kemper, III, Senior Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to
me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists
Insurance Company, a Corporation of the State of Illinois', subscribod to the foregoing instrument, appeared before me
this day in person and severally acknowledged that~thay being thereunto duly authorized signed, sealed with the
corporate seal and delivered the said instrument as-thi floe and voluntary act of said corporation and as their own
free and voluntary act for the uses and purposes thernim, set forth.
7 "OFFICIAL SEAL" ► f j
3 Grace E. Condon ► - -
Publicm,ssion expires: 5-14-94 Notary Pu01ic. SUIe of Illinois ► Grace E. Condon, Notary
N1, Commovon Empves Si]4J94 ►
,V ~y ~ v v v v v~ s v v
FM 836-5 5-90 1M
Power of Attorney - Term PRINTED IN U.S.A.
CERTIFICATION
I, Lea B. McClain, Secretary of the American Motorists Insurance Company, do hereby cart i f that the of tarhed Power
of Attorney dated Allgitet. 15 1 QQ() _ on behalf of Wil liATM .T- Rgttnnp. nr.
■s a true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the data of this certificate) and I do further certify that the said J. S. Kemper, III and
F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively ware on the
data of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists
Insurance Company on this day of 111,1, 19
J tj 1`1 ~
Lee B. McClain, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 7/88 IM
CITY OF DENTON
MINIMUM INSURANCE REQUIREMENTS
INSURANCE:
Without limiting any of the other obligations or liabilities of the
Contractor, the contractor shall provide and maintain until the contracted
work and/or material has been completed/delivered and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Satisfactory certificate(s) of insurance shall be filed with the Purchasing
Department prior to starting any construction work or activities to deliver
material on this Contract. The certificate(s) shall state that thirty (30)
days advance written nctice will be given to the Owner before any policy
covered thereby is. changed or cancelled. The bid number and title of the-
project should be indicated, and the City of Denton should also be listed on
all policies as an additional named insured. To avoid any undue delays, it is
worth reiterating that:
o Thirty (30) days advance written notice of material change. or
cancellation shall be-given;
'
o The City of Denton shall be an additional named insured on all
policies.
I. Workmen's Compensation and Emnlover's Liability. This insurance shall
protect the Contractor against all claims under applicable state.
workmen's compensation laws. •The Contractor shall also . ce protected
against claims for injury, disease, or death of employees which, for
any reason, may not fall within the provisions of a workmen's
compensation law.
The liability limits shall not be less than:
o workmen's Compensation - Statutory
c Employer's Liability - Statutory
Comprehensive Automobile Liability. This insurance shall be written in
comprehensive form and shall protect the Contractor against all claims
for injuries to members of the public and damage to property of others
arising from the use of motor vehicles licensed for highway use,
whether they are owned, nonowned, or hired.
The liability limits shall not be less than:
o a combined single limit of $1,000,000
III. Comprehensive General Liability. This insurance shall be written in
comprehensive form and shall protect the Contractor against all claims
arising from injuries to members of the public or damace to oroperty of
others arising out of any act or omission of the Contractor or his
agents, employees or subcontractors.
CI-1
Insurance Recuirements
page two
To the extent that the Contractor's work, or work under his direction,
may require blasting, explosive conditions, or underground operations,
the comprehensive general liability coverage shall contain no exclusion
relative to blasting, explosion, collapse of buildings, or damage to
underground property.
The liability limits shall not be less than:
o A combined single limit of $1,000,000
IV-. Owner's Protective Liabilitv Insurance Policv. This insurance shall
provide coverage for the Owner and its employees, in the name of t:ne
City of Denton, for liability that may be imposed arising out of the
work being performed by the- Contractor. This also includes liability
arising out of the omissions or supervisory acts of the Owner.
Although this insurance is strictly for the benefit of the Owner, the
Contractor is responsible for obtaining it at his expense.
The liability limits shall not be less than:
o A combined single limit of #1,000,000
INSURANCE SUMMARv:
The Contract shall provide insurance to cover operating hazards during the
period of placing the facility in operation and during testing, and until such:
time as the facilities are completed and accepted for operation by the Owner
and written notice of that fact has been issued by the Owner. Apocoval of `he
insurance by the Owner shall not in any way reli=ve or decrease the liability
of the Contractor hereunder. It is expressly understood 'that the Owner does
not in anv wav represent that the specified limits of liability or coverage or
policy forms are sufficient or adequate to protect _he interest or liabilities
of --he Contactor.
Again, the Owner shall be given a certificate of insurance indicating that all
of the above policies and the appropriate limits are indeed enforced. The
certificate shall also indicate that the Owner will be given at least thirty
(30) davs written notice of cancellation, non-renewal, or material chance of
the required insurance coverage. All responsibility for payment of any sums
resulting from any deductible provisions, corridor or self-insured retention
conditions of the policy or policies shall remain with. ice Contractor. The
Contractor shall not begin anv work until the Owner has reviewed and aroroved
he insurance certificates and so notified :he concractor directly in
writing. Any notice to proceed that is issued shall be subject to such
approval by the Owner.
CI-2
01/13/87
GI II ur UEIVIUN
Name and Address of Agency
Phone
Name and Address of Insured:
Phone
City of Denton Reference:
Project Name:
Project No:
Project Location: -
Managing Dept:
Companies Affording Coverage:
A
B
C
This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time.
2) The City of Denton is listed as an additional insured as to all applicable coverage.
Company Expiration Limits of Liability
Letter Tvnp of incuranrp Pnlirv Niimhor natP in Thnucanck rnnnl
Comprehensive General Liability
Occurrence
- Occurrence
-
- Claims '-lade (see 4-Page CI-4)
Bodily Injury
Broad Form to Include:
Property Damage
$
- Premises/Operations
- Independent Contractors
- Products/Completed Operations
Bodily injury and Property
- Personal injury
Damage Combined
$
- Contractual Liability(see 13-Page CI-4)
- Explosion and Collapse Hazard
- Underground Hazard
- Liquor Liability coverage
- Fire Legal Liability (see ;.'S-Page CI-4)
- Broad Furor Property Damage
- Professional Errors/Omissions
- occurrence
- claims made (see ;14-Page CI-4)
Comprehensive Automobile
Bodily Injury/Person
$
Liability
Bodily injury/Accident
$
- 014ned/1_eased Automobiles
Property Damage
$
- Nun-owned Automobi les
-
- Hired Automobiles
Bodily Injury/Property
Damage Combined
$
- Workers' Compensation and
Statutory Amount
Employers' Liability
each acciTfnt
- Owners' Protective Liability
$
Other Insurance
Description of Operations/Locations/Vehicles.
Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage.
(See !:2, Page CI-4).
Name and address of Certificate Holder.
CITY OF DENTON, IEXAS
PIIRCHAS MG AGENI
901-3 TEAS ST.
OENION. TEXAS 16201
CI - 3
AUlI10RI!_ED REPRESENIAItVF
SEE DEFINITIONS ON PAGE- CI-4 ATIACHED.
DEr'INIT IONS
1. ADDITIONAL
INSURED: The City of Denton, itS elected
and
appointea
officials, officers and employees. (i".his
does
not apply
to Worker's Compensation.)
2. NOTICE OF
CANCELLATION: Each policy shall require
that
thirty (30
) days prior to the cancellation, non-renewal
, or
any materi
al change in coverage, a notice thereof shal
l be
given to
owner by certified mail. If tine policy
is
cancelled
for non-payment of premium only ten (10)
-lays
written no
tice to owner is reduirec.
3. MO TRACTURAL COVERAGE: (Liability assumed by contract or.
ayreerlent, and would not otherwise exist.) T,-,e contractual
liability requirement shown on tnd reverse side of this
Certificate of Insurance under Conpre'nensive General
Liability, must include a definition of coverage .road
enough to provide coverage for obligations assuec cy the
contractor in the referenced contract. This Certificate of
Insurance is provided as required by the governing contrac
4. CLAIS !AD'c' POLICY FOR',!:
oe determined by the
coverage for the life of
provide coverage fcr the
discovery period for a
snail oegin at the end of
3equirec period o= coverage '.rill
following formula: Continuous
the contract, plus one yea- (to
warrant,! periodana a extended
minimum of five years whim
the 'warranty period.
J. FIRE LLG ?L LIA31LITY: (Required 1n ail co n.t rac ts that
involve the occupancy construction or alte'acion of
1tV-owned or !eased fac it 1c 1eS.) In Sura nce is to Cover
buildings, contents (:where appiicaoiu and permanently
installed equipment with respect to property eamage to
structures or portions of structures if such damage is
caused by the peril of fire and due to the operations of
the contractor. Limit of liability is to oe a minimum of
$000,000.
u. OWi'dER: The term OWner shall 1nClude all author It ieS,
boaraS, oUreauS, commissions, C1visions, departlilents, and
OL'1ces Of the owners, and incividual mel~berS, _m J 1_0 y eeS,
aria agents thereo_ 'n their official capacitl2s, and~or
while acting on behalf or the owner.
CI - .i
KEASLEP
Engineers
i Consultants
! Sales
ASSOCIATES
April 4, 1991
City of Denton
901-B Texas Street
Denton, TX 76201
Attention: Mr. Tom D. Shaw, C.P.M.
Purchasing Agent
Subject: 15/20/25/(28) Arco Substation
City of Denton Bid 1241
MTE Proposal PDS-35865, Revision 1
Dear Mr. Shaw:
KEASLER ASSOCIATES, INC.
2907 St. Andrews • Richardson, Texas 75082
PHONE (214) 669-0000
FAX (214) 669-1060
Thank you for giving us the opportunity of quoting on this requirement.
Enclosed is the original and one copy of our formal proposal. Also
enclosed is a guide "Calculation of the Total Cost of Ownership" which
lists several costs associated with installing, operating and maintaining
the Arco Substation. We respectfully request these tangible costs be
factored into your bid evaluation, in addition to items A through I listed
on page 69 of your specifications.
Thank you again for the opportunity of quoting on this equipment. If
there are any questions concerning this quotation, we will be pleased to
discuss them with you. We would appreciate receiving your purchase order.
very truly yours,
MAGNETEK ELECTRIC, INC.
c/o KEASLER ASSOCIATES, INC.
S d Keasler, P.E.
President
SK/kk
CC: Mr. Carlos Fox
Mr. Cy Benisch
Bid Number: 1241 Page 15 of 98
PROPOSAL
City of Denton, Electric Utility Department, 901 B Texas Street,
Denton, Texas 76201
ATTENTION: Mr. Tom Shaw, Purchasing Agent
PROPOSAL FOR: I. Power Transformer
II. Substation Package - Control Panels,
Disconnect Switches, Battery & Charger,
Substation Steel Structures, Circuit
Breakers, Insulators, Grounding Materials,
Potential Devices, Circuit Switcher, Rigid
Bus, Bus Fittings & Jumpers, Lightning
Arresters, and Enclosure.
BID NUMBER: 1241
GENTLEMEN:
The undersigned bidder having read and.examined these
specifications and associated contract documents for the above
designated equipment does hereby propose to furnish the equipment
and provide the service set forth in this Proposal. All prices
stated herein are firm and shall not be subject to escalation
provided this Proposal is accepted within sixty (60) days.
The undersigned hereby declared that the following list states
any and.all variations from, and.exceptions to, the requirements
of the contract documents and that, otherwise, it is the intent
of this Proposal that the work be.performed in strict accordance
with the contract documents.
SEE MAGNETEK ELECTRIC'S PROPOSAL PDS-35865 RFVTSTON I FOR FXCEPTTONS
CLARIFICATIONS AND ALTERNATE BID ITEMS.
Bid Number: 1241 Page 16 of 9S
The undersigned bidder hereby proposes to furnish one Power
Transformer and/or Substation Package complete FOB, Denton,
Texas, in accordance with these specifications and associated
contract documents listed in GENERAL CONDITIONS, Article GC-1,
for the firm lump sum price of
EIGHT HUNDRED AND NINE THOUSAND. FOUR HUNDRED AND FIFTY
DOLLARS ($809,450.00)
(Price in.Words)
The undersigned hereby declares that only the persons or firms
interested in the Proposal as principal or principals are named
herein, and that no other persons or firms that herein mentioned.
have any interest in this Proposal or in the Contract Agreement.
to be entered into; that this Proposal is made without connection
with any other person, company, or parties likewise submitting a
bid or proposal; and that.it is in all respects for and.in good
faith, without collusion or fraud. If this Proposal is accepted,
the undersigned bidder agrees to submit drawings and engineering
data.in accordance with Section 1C: and to complete delivery of
equipment and materials in accordance with the shipping schedule
specified. The undersigned fully understands that the time of
drawings and data submittal and equipment and materials delivery
is of the essence..
Dated at WAUKESHA, WISCONSIN this 2ND day of APRIL
n• 1991.
Bidder' MAGNETEK ELECTRIC
c
By
C. S. BENISCH
Title PROTF(.T MANAcFR
Attest:
Business Address of Bidder 400 SOUTH PRAIRIE AVENUE
WAUKESHA, WI 53186
State of Incorporation WISCONSIN
Address of Principal Office SAME AS BUSINESS ADDRESS
Sid Number: 1241
page 1 G`~ b u
PROPOSAL DATA
1.0 GENERAL. The following information on the proposed
equipment and materials shall be submitted with the Proposal:
A complete description of all proposed equipment.
2.0 SPARE PARTS. Bidders shall submit a list of recommended
spare parts which the Owner should stock for normal maintenance
purposes. The spare parts list shall be organized in the
following format:
Item
No. required
Unit price
3.0 EQUIPMENT DATA. The information required on the following
pages is to assist the Owner in evaluation of the Proposal.
The data listed herein shall not relieve the Contractor of his
responsibility for meeting the requirements of the detailed.
specifications-
Note: Write entries boldly with black ink, or type entries-using
carbon black ribbon.
Bid Number: 1241
I. POWER TRANSFORMER
Class
Gallons of oil
Gallons of oil shipped external to
Page 18 of 98
MAGNETEK ELECTRIC _
(Bidder's Name)
OA/FA/FA
5 580
transformer 400
Total shipping weight, lb 131,000
Total weight of assembled transformer
including oil.,. lb 131,000
Weight of tank and fittings, lb. 33,600
Weight of oil, lb 41,900
Weight of largest piece for handling 120,000
during erections, lb
Will transformer be shipped completely No
assembled
If not, what parts will require field.BUSHINGS, RADIATORS, FANS, RAPID
assembly PRESSURE RISE RELAY, BUSHING TERMINAL
Power requirements'of cooling
equipment at 100% rated load, kw
Maximum calculated sound level, at
rated 65R C FOA or FA load, decibels
Approximate dimensions
Height, inches
Width,, inches
Depth, inches
Unit Price for each additional
identical Power Transformer
SURGE ARRESTERS, GROUND CABLE
Fans Pumps Total
0.0 - 0.0
75 - 75
216
181
173
NOT APPLICABLE
Bid Number: 1241
Page 19 of 98
MAGNETEK ELECTRIC
(Bidder's Name)
Last date an
identi
cal Power
Transformer unit co
uld be cancelled
NOT APPLICABLE
without penalty if
ordered.
Price adder for the
short circuit
$ 72,000.00
tests
No load loss
at 55°
C OA rating, kw
22.5
110%
rated
voltage, kw
15.8
100%
rated
voltage, kw
12.3
90%
rated
voltage, kw
6.8
75%
rated
voltage, kw.
508
rated
voltage, kw
2.4
258
rated
voltage, kw
0.8
Total loss at 55° C
OA rating, kw
110%
rated
KVA,'kw
69.4
1008
rated
KVA, kw
60.1
90%
rated
KVA, 'kw
51.7
75%
rated
KVA, kw
40.7
.50%
rated
KVA, kw
26.9.
25%
'rated
KVA, kw
18.6
,Total loss at 55° C FA/FA or FOA rating,
kw
110%
rated
KVA, kw
164.7
100%
rated
KVA, kw
138.9
90%
rated
KVA, kw
115.5
75%
rated
KVA, kw
85.0
46.6
50%i
rated
KVA, kw
23.5
25V
rated
KVA, kw
Bid Number: 1241
Guaranteed efficiency at 55° C OA
rating
100% rated load, %
75% rated load, %
50% rated load, %
25% rated load, %
Exciting current in % of full
55° C OA rated load current at
110% rated voltage
100% rated voltage
90% rated voltage
REGULATION
Pmped- nc.e-vf-T ndi-nq at nameplate
55° C OA rating
100% power factor, %
80% lagging power factor, %
80% leading power factor, %
High voltage bushing
Manufacturer and type
Guaranteed date of delivery
MAGNETEK ELECTRIC
- (Bidder's Name)
99.60
99.64
99.64
99.50
1.0
0.5
0.25
0.56
4.73
- 3.92
ABB 0-PLUS C
48 WEEKS ARO
Bid Number: 1241
II. SUBSTATION PACKAGE
Page 21. o
MAGNETEK ELECTRIC
(Bidder's Name)
Manufacturer Type or Catalog No.
SECTION 3A - CONTROL PANEL
Reference detailed specification dLQNETEK
SECTION 3B - DISCONNECT SWITCHES
Reference detailed specification ABB TTR-6
145 & 15 KV .
SECTION 3B - BATTERIES AND CHARGER
Reference detailed specification ABSOLYTE OR NIFE 45A OR HED
LAMARCHE A12B
SECTION 3C - SUBSTATION STEEL STRUCTURES
Supplier's name LATER - AFTER ORDER PLACEMENT
Estimated, total weight of
steel, in pounds
Delivery Date, '
List structures which require
field assembly and describe
shipping sections for each.
LATER - AFTER ORDER PLACEMENT
44-48 WEEKS, ARO
AVAILABLE WITH FINAL DRAWINGS
Anchor Bolt Delivery Date SIX WEEKS BEFORE SHIPMENT
Bid Number: 1241
image ~2 of ~o
MAGNETEK ELECTRIC
(Bidder's Name)
Manufacturer Type or Catalog No.
SECTION 3E - CIRCUIT BREAKERS
Reference detailed specifications ABB
SECTION 3F - INSULATORS
Station Post Type
Suspension Type
SECTION 3G - GROUNDING MATERIALS
Ground Rods
Split Bolt Stud Connectors
Guaranteed Date of Delivery
of all supplies
i
VHK-15
THIS INFORMATION AVAILABLE WITH
APPROVAL DRAWINGS
DENTON
SECTION 3H'- POTENTIAL DEVICES'
Reference detailed specifications GE OR EQUIV.
i
SECTION 3H - HIGH SIDE PROTECTION
Reference detailed specifications MAGNETEK
JVM OR EQUIV.
HLT-145.
Page 23 of :8
Bid Number: 1241
MAGNETEK ELECTRIC
(Bidder's Name)
Manufacturer Type or Catalog No.
SECTION 3J - HIGH SIDE PROTECTION
MAGNETEK HLT-145
Reference detailed specifications
SECTION 3K - RIGID BUSES, THIS INFORMATION WILL BE PROVIDED
BUS FITTINGS WITH APPROVAL DRAWINGS
& JUMPERS
Conductors
Cable
IPS Bus
Connectors
Fittings
SECTION 3L - LIGHTNING ARRESTERS
Reference detailed specifications OHIO BRASS TYPE PVR
SECTION 3M - WEATHERPROOF ENCLOSURE
Reference detailed specifications MAGNETEK