Loading...
2001-007 ORDINANCE NO _,~0O/- [~ AN ORD: NANCE APPROVING A SECOND AWARD ON AN ANNUAL CONTRACT FOR THE PUl [CHASE OF TWO ADDITIONAL POWER TRANSFORMERS, REJECTION OF CERTAI~ [ BIDS NOT MEETING SPECIFICATIONS, PROVIDING FOR THE EXPENDITURE OF FUNI )S THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2557-POWER TRANSF~ ~RMERS AWARDED TO WAUKESHAELECTRIC SYSTEMS IN THE AMOUNT OF $466,200 EACH OR $932,400 FOR TWO, PLUS PRIMARY WINDING OPTIONS OF $15,000 EACH F(~R A TOTAL AWARD OF $962,400) WHEREAS, the City has sohclted, received and tabulated competitive bids for the construction ofpubhc works or improvements in accordance with the procedures of STATE law and City or&rlances for power transformers, pursuant to Ordinance 2000-367, and WHEREAS, the bid for power transformers included a requirement that prices be fixed for at least a year and that it has been determined that additional transformers are now needed, and WClEREAS, the City Manager or a designated employee has received and recommended that the prevlqus described b~ds are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COIrlNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~That an additional purchase is awarded for the followung competitive bids for the construction of public works or improvements, as described m 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 being the lowest responsible bids BID NU~ER CONTRACTOR AMOUNT 25~7 Wankesha Electric Systems $962,400 SI ICTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the C~ty and the person submitting the bid for construction of such public wcrks or ~mprovements herein accepted and approved, until such person shall comply w~th all reqmrem~ ~nts speeffied m the Notice to Bidders including the timely execution of a written contract and furnl~ hmg of performance and payment bonds, and insurance certificate after notfficat~on of the award of :he bid S]~CTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements ~n accordance with the bids accepted and approved here~n, provided that such contracts are made in accordance w~th the Notme to Bidders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and spemficat~ons, standards, quantities and specffied sums contmned there~n SECTION IV That upon acceptance and approval of the above competitive b~ds and the execution,of contracts for the pubhc works and ~mprovements as authorized here~n, the City Councd hereby authorizes the expenditure of funds ~n the manner and ~n the mount as specffied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s orchnance shall become effective ~mmed~ately upon its passage and approval APPROVED th~s the c-~///ff day of~, 2001 PASSED EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2557 - CONTRACTUAL ORDINANCE 12-2001 ATTACHMENT 0 Z,~ o~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into tills .Z2_day of January A D , 2001, by and between City of Denton of the County of DENTON and State of Texas, acting through Mmhael W. Jez thereunto duly authorized so to do, hermnafter termed "OWNER," and Waukesha F~lectrm Systems 400 S. Prame Ave. Waukesha~ Wl 53186 of the City of Waukesha , County of Waukesha and State of Wmconsm , 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 conditions expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specffied below BID #2557 - Power Transformers ~n the amount of .~2/9.fiL_4.O0~and all extra work ~n connecuon therewith, under the terms as stated in the General Condmons of the agreement, and at his (or their) own proper cost and expense to furmsh ail materials, supphes, machinery, equipment, tools, supenntendence, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance with the condtt~ons and prices stated m the Proposal and the Performance and Payment Bonds, attached hereto, and m accordance w~th all the General Cond~nons of the Agreement, the Special Condmons, the Notme to Bidders (Advemsement for Bids), and Instructions to Bidders, as referenced hereto and on file in the office of the Purchasing Agent, and ~n accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA- 1 and the Specifications therefore, as prepared by City of Denton Eleetrm F. ngmeermg Department all of whmh are referenced herein and made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between 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, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the C~ty Manager of the City of Denton, Texas, or h~s designee under this agreement Indemnihcatlon Contractor shall and does hereby agree to lndenmify and hold harmless the City of Denton from any and all damages, loss, or hablllty 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, mvltees, 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 clanns and demands Chome 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 m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth m written notice to commence work and complete all work within the tune stated m the Proposal, subJeCt to such extensions of tune 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 th~s contract, such payments to be subJeCt to the General and Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presems have executed this agreement m the year and day hrst above written .~,_ ffff~..~_///,//~/~r-/_.~] C~ty of Denton BY (SEAL) ATTEST t55J CONTRACTOR Pamala Mosley 400 S Pta±tie Ave Waukesha, WI 53186 MAILING ADDRESS (262) 547-0121 PHONE NUMBER (262) 521-0190 FAX NUMBER . ~ TITLE Mgr Marketing and Sales Support Robert W Baldus APPROVED AS TO FORM PRINTED NAME ~,~-~/~~ (SEAL) dlTy ~T]5ORNEY ! CA - 3 Bond No 929181266 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Waukesha Electrm Systems whose address is 400 S. Praline Ave.: Waukesha. WI 53186 hereinafter called Principal, and Nationat F±re insurance Company of ttartford , a corporation orgamzed and existing under the laws of the State of Connecticut ., and fully anthonzed to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Nine Hundred Sixty Two Thousand Four Hundred and no/100 DOLLARS ($ 962,400) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, m lawful money of the United States, to be paid m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents Th~s Bond shaJl automatically be increased by the amount of any Change Order or Supplemental Agreement which ~ncreases the Contract pmce, but ~n no event shall a Change Order or Supplement~ Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the Principal entered into a certain Contract, ~dentffied by Ordinance Number 2001-007, w~th the C~ty of Denton, the Owner, dated the 2 day of January A D 2001, a copy of which is hereto attached and made a part hereof, for BID #2557 - Power Transformers NOW, THEREFORE, if the Principal shall well, Wuly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, w~th or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, ff the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a pemod of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Prlnmpal shall fully ~ndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain m full force and effect PB - 1 PROVIDED FURTHER, that ff any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas ANp PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extenmon of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, ,etc, accompanying the same, shall in anywise affect its obhgation on this Bond, and it does~ hereby wmve notice of any such change, extension of time, alteraUon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requlmte notices may be dehvered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an orlgmal, this the 2 day of January , 2001 ATTEST PRINCIPAL - Waukesha Elletrie Systems, Inc BY /~- ~'-~. SECRETARY BY / ~f~flLtl~l~ National Fire Insurance Company yRlllllllXf2ltl~fl[td~mllX~(~~~ of Hartford B ATTORNEY-IN-FACT Ronda L Pekel The Residont Agent of the Surety in Denton County, Texas for delivery of notice and service of the pro~ess IS STREET ADDRESS 1601 Elm St., Suite 2100, Dallas, TX 75201 (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric Systems , whose address m 4-00 S. Prmme Ave.: Wm~kesha, WI 53186 herelna~er called Principal, and National Fire Insurance Comt~anv of Hartford a corporation orgamzed and existing under the laws of the State of Connecticut ., and fully authomzed to transact business m the State of Texas, as Surety, are held and firmly bound umo the C~ty of Denton, a mumc~pal corporation orgamzed and ex~st~ng under the laws of the State of Texas, hermnafter called Owner, and unto all persons, hrms, and corporations who may furmsh matemals for, or perform labor upon, the building or unprovemems hereinafter referred to, m the penal sum of Nme Hundred Sixty Two Thousand Four Hundred no/100 -- DOLLARS ($962,400) m lawful money of the Umted States, to be pa~d m Demon, County, Texas, for the payment of whtch sum well and truly to be made, we hereby brad ourselves, our he~rs, executors, adm~mstrators, successors, and assigns, jointly and severally, firmly by these presems Thru Bond shall automatically be ~ncreased by the amoum of any Change Order or Supplemental Agreemem whmh increases the Contract pmce, but ~n no evem shall a Change Order or Supplemental Agreement wfuch reduces fl~e Contract pmce decrease the penal sum of th~s Bond THE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the Principal entered into a ce~am Contract, ~dentffled by Ordinance Number ~.001:0_02-, w~th the C~ty of Denton, the Owner, dated the 2 day of .lanuary A D 2001, a copy of which m hereto attached and made a part hereof, for BID//2557 - Power Transformers NOW, THEREFORE, ff the Pnnc~pal shall well, truly and fmthfully perform ~ts duUes and make prompt payment to all persons, firms, subcontractors, corporauons and clmmants supplying labor and/or material m the prosecunon of the Work prowded for ~n smd Contract and any and all duly authorized modtficat~ons of smd Contract that may hereafter be made, nonce of which modff~cauons to the Surety bmng hereby expressly waived, then th~s obhgaUon shall be votd, otherwme ~t shall remain m full force and effect PROVIDED FURTHER, that ff any legal acUon be filed on th~s Bond, exclumve venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates and agrees that no change, extension of nme, alteraUon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specff~caUons, Drawings, ere, accompanying the same, shall m anywme affect ~ts obhgat~on on thts Bond, and ~t does hereby wmve not,ce of any such change, extension of tune, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specff~catmns, Drawings, etc PB - 3 This Bond ts given pursuant to the provlsmns of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The~undermgned and designated agent is hereby designated by the Surety herren as the Remdent Agent m Denton County to whom any reqmslte notices may be delivered and on whom servlce of process may be had in matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 2 day of January , 2001 ATTEST PRINCIPAL /q~4- SECRETARY BY ~.,,~ ~'~ I ~ ~ SURETY ~ Nat±onal Fire Insurance ByF/~/~E2~;~~,~ Company of Hartford Loretta A Peretti, Witness BY ~~.~~ ATTORNEY-IN-FACT Ronda L Pekel The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAM~-X~t~0~_0/~/01J~. ~tO~ Lawrence W. Waldte STREET ADDRESS 1601 Elm St., Suite 2100, Dallas, TX 75201 (NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents. That CONTINENTAL CASUALTY COMPANY an Illinois corporabon NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Conneobcut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called ~the CCC Surety Companies") are duly organized and exrstmg corporations having the;r principal offices In the City of Chicago, and State of Illino;s, and that they dc by v~rtue of the s~gnature and seals herein affixed hereby make, constitute and appoint Drew Brach, B?an Cook~ Lorotta A Perett~, H David Hoovler, James A Dawdy, Ronda L Pekei Individually of Grand Rspi~Js~ Mlc,%i~ar~ their true and lawful A~'~r~ey(s)-~n-Fact with full power end authority hereby conferred to sign seal and execute for and on their behalf bends, undertakings and other obligatory instruments of e m lar nature - In Unlimited Amounts - and to b~nd them ;,~=,~,by as fully and to the same ex~.~[ as If such Instruments were signed by a duly authorized officer of their corporations and all the acts of celd Aitomey, pursuant to the authority hereby given ara hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 9th day of June 2000 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Stats of Illinois, County of Cook, ss Marvin J Cesh~on Group Vice Pros~dent On this 9th day of June . 2000 , before me personally came Marvin J Cashion,' to me known, who, being by me duly sworn, d~d depose and say that he resides In the City of Chicago, State of Illinots that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the abeve instrument that he knows the seals oflsaid corporations, that the seals affixed to the said Instrument ara such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he s~gned h~s name thereto pursuant to like authority and ackncwledges~same to be the act end deed of said corporations DIANE FAULJ(NER ~ Nats,y Pulda, line sf Imno~ My Commission Expires September 17, 2001 Dsafle Faulkner Notary Public CERTIFICATE I, Mary A Ribikawskls, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby cart~ty that the Power of Attorney hera~n above set forth is s~lll in force, and further certify that the By-Law and Resotutlon of the Board of D rectors of each corporation p.nted on the reverse hereof are still in forge Jn testimony whereof I have hereunto subscribed my name and affixed the seals of the card corporabons this Znd day of J'anttat'~ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA (Rev 10/1/97) MaryA R~btkawsk~s Assistant Secrstary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "Article IX---Execution of Documenta Section 3 Appointment of Attorney-in-fact The Chairman of the Board of Directors the President or any Executive, Senior or Group V~ce President may, from time to t~me, appoint by written cerbflcstaa attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, Ponds, undertakings and other obligatory ~nstrumenta of like nature Such attorneys-in.fact, aubject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by tha~r s~gnature and execution of any such instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact ' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meattng duly oalled and held on the 17th day of February, 1993 'Resolved that the signature of the President or any Executive, Sen~or or Group Vice Prealdent and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facslm~ta to any certificate of any such power and any power or cart~flcate beanng such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any Pond or undertaking to which It ia attached, continue to be valid and binding on the Company · ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "Article VI--Execution of Obligations end Appointment of Attorney.in-Fact Sect;on 2 Appointment of Attorney-~n-fact The Chairman of the Board of Directors, the President or any Execut~va, Senior or Group Vice President may, from time to time appoint by wntten cartlfloatas attorneys-m-fact to act in behalf of the Company in the execution of pohc~es of insurance, bonds, undertakings and other obligatory instruments of like nature Such attomeys-ln.fact, subject to the limitations set forth m tbe;r respect~va cert~floates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Pras~dent or any Executive, Senior or Group Vice President may at any time revoke all power and autndnty previously given to any attorney-in-fact · This Power of Attorney ~s signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meat~ng duly called and held on the 17th day of February, 1993 'Resolved, that the signature of the President or any Executive, Senior or Group Wce President and the seal of the Company may be affixed by faca~mita on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, end the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any oartifloate of any such power and any power or oart;ltoate beanng such tacs~m~le signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any pond or undertaking to which it ~s attached, conbnue to be valid and binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE iNSURANCE COMPANY OF HARTFORD Th~s Power of Attorney ;s made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of D~ractors of the Company "RESOLVED That the President, an Executive V~oa President or any Sen~or or Group Vice President of the Corporation may, from time to time, appoint, by written cart~ficatas, Attorneys.in-Fact to act ~n behalf of the Corporation in the execution of policies of insurance ponds, undertakings and other obhgatory instruments of I~ke nature Such Attorney.in-Fact, subJect to the limitations set forth ~n their respective certifloates of authority, shall have full Power to b~nd the Corporation by their signature and execuedn of any such instrument and to attach the seal of the Corporation thereto The President an Execut~va Vice President, any Senior or Group Vice President or the Board of Directors may at any bme revoke all power and authonly previously given to any Attorney-in-Fact · This Power of Attorney ~s signed and sealed by facsimile under and by the authonty of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 "RESOLVED That the signature of the President, an Executive Vice President or any Senior or Group Vice Pras;dent and the seal of the Corporahon may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by th~s Board of Directors on February 17, 1993 and the s~gnature of a Secretary or an Assistant Secretary and the seal of the Corporahon may be affixed by facsimile to any cartlflcata of any such power, and any power or certificate beanng such facaim~ta s~gnatura and seal shall be valid and binding on the Corporal;on Any such power so executed and sealed and oartthad by certlflcata so executed and sealed, shall with respect to any bond or undertaking to which ~t ~s attached continue to be vahd and binding on the Corporation" CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts &rected to the tnsurance requtrements below It ts htghly recommended that btdder$ confer wtth thetr respecttve tnsurance carrters or brokers to determtne tn advance of Btd submtsston the avadabdtty of tnsurance certtficates and endorsements as prescribed and provuted herem If an apparent Iow bulder fads to comply strtctly wtth the msurance reqmrements, that btdder may be dtsqualtfied from award of the contract Upon btd award, all tnsurance requtrements shall become contractual obltgattons, whtch the successful bulder shall have a duty to mamtatn throughout the course of this contract STANDARD PROVISIONS: Wtthout hmttmg any of the other obltgattons or habdtttes of the Contractor, the Contractor shall provtde and matntatn untd the contracted work has been completed and accepted by the Cay of Denton, Owner, the mmtmum insurance coverage as tndtcated heremafter As soon as practtcable after not~catton of btd award, Contractor shall file w~th the Purchasing Department sattsfactory cert~cates of tnsurance, containing the btd number and tttle of the project Contractor may, upon written request to the Purchasmg Department, ask for clar~catton of any msurance requtrements at any trine, however, Contractors are strongly advtsed to make such requests prtor to bid opemng, since the msurance requtrements may not be modified or waived after bid openmg unless a wrttten exceptton has been submttted with the btd Contractor shall not commence any work or dehver any material untd he or she receives nottficatton that the contract has been accepted, approved, and signed by the Ctty of Denton All msurance pohctes proposed or obtamed tn sattsfactton of these requirements shall comply wtth the followtng general spectficattons, and shall be mamtamed tn comphance wtth these general spec~cattons throughout the duratton of the Contract, or longer, if so noted · Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company ratang of at least A · Any deducubles or self-insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or ehrmnate such deductibles or self-insured retentions with respect to the City, its ofhc, als, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ,nvestlgattons, clmm adrmmstratlon and defense expenses · Laab~hty pohcles shall be endorsed to provide the following · . Name as addlt, onal insured the C~ty of Denton, its Officials, Agents, Employees and volunteers o· That such insurance is primary to any other insurance avmlable to the adchtlonal insured with respect to clmms covered under the pohcy and that this insurance applies separately to each ~nsured agmnst whom clmm is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's hrmt of llablhty · All policies shall be endorsed to read.' "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN iNOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE IPOLIGY 1S BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN 'WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" · Should any of the reqmmd insurance be provided under a claims-made form, Contractor shall mmntatn 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 insurance be provided under a form of coverage that includes a general annual aggregate hrmt providing for claims investigation or legal defense costs to be included in the general annual aggregate lin'ut, the Contractor shall either double the occurrence hrmts or obtain Owners and Contractors Protective Liability Insurance · I Should any required insurance lapse during the contract term, requests for payments ~ongmatmg after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If Insurance is not reinstated, City may, at its sole option, terrmnate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All tnsura~ce policies proposed or obtained tn satisfaction of this Contract shall ad&ttonally comply with the followtng marked spectficatwns, and shall be mamtatned tn comphance with these additional spectficatwns throughout the duratton of the Contract, or longer, if so noted [X] A General Liability Insurance: ' General Llab~hty insurance with combined single hn~ts of not less than $1 ~O00:000 ,shall be provided and mamtmned by the Contractor The policy shall be written on an occurrence basis either in a single pohcy or m a comb~natlon of underlying and umbrella or excess policies If the Commercial General Laablhty form (ISO Form CG 0001 current edition) is used · Coverage A shall mclude premises, operations, products, and completed operations, independent contractors, contractual liability covenng th~s contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General Llablhty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, it shall include at least · Bodily mjury and Property Damage Liablhty for prenuses, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habfl~ty (preferably by endorsement) covenng this contract, personal ~njury habihty and broad form property damage liab~hty [X] Automobde L~ab:hty Insurance' Contractor shall provide Commercial Automobile Llabihty insurance w~th Combined Single Llrmts (CSL) of not less than ,$.1;000:000 either ~n a single pohcy or in a combination of basic and umbrella or excess pohc~es The policy will ~nclude bodily injury and property damage hablhty arising out of the operation, mantenance and use of all automobiles and mobile equipment used in conjunction w~th th~s contract Satisfaction of the above reqmrement shall be ~n the form of a policy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and malntan Worker's Compensation ~nsurance which, in addition to meeting the lmmmum statutory requirements for ~ssuance of such ~nsurance, has Employer's Liability hrmts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy lirmt for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to wave all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For balding or constructmn projects, the Contractor shall comply w~th the provisions of Attachment 1 In accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Comlmssion (TWCC) [ ] Owner's and Contractor's Protective L~abflity Insurance The Contractor shall obtain, pay for and mmntaln at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy narmng the City as insured for property damage and bochly injury which may arise ~n the prosecuuon of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy limits will be at least combined bochly injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal L~ab~hty Insurance Coverage is required If Broad form General Llablhty is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Llrmts of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with hnuts not less than per claim with respect to negligent acts, errors or ormsslons in connection with professional serwces is required under this Agreement [ ] Builders' Risk Insurance Bmlders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such adchtlonal insurance is reqmred for a specific contract, that requirement will be described in the "Specific Conchtions" of the contract speclficattons ATTACHMENT 1 IX] Worker's Compensation Coverage for Budding or Construction ProJects for Governmental Entities A Definitions Certificate of coverage ("certlflcate")-A copy of a certificate of insurance, a certtflcate of authority to self-insure issued by the comnusslon, or a coverage agreement (TWCC-81, TWCC-82, TWCC-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 - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons provlchng services on the project ("subcontractor" in §406 096) - ~ncludes all persons or enutles perforrmng all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without hn~tatlon, independent contractors, subcontractors, leasing companies, motor camers, owner-operators, employees of any such entity, or employees of any entsty which furnishes persons to provide services on the project "Services" include, without hnntatmn, providing, hauling, or dehvenng equipment or materials, or providing labor, transportatson, or other service related to a project "Services" does not include 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 filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtmn from each person providing services on a project, and provxde to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prov~chng 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 retmn all reqmred 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 mml or personal dehvery, 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 serwces on the project H The contractor shall post on each project s~te a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Comnuss~on, lnforrmng all persons prowdmg serwces on the project that they are mqmred to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom ~t contracts to provide services on a project, to (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beglnmng work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person prowdmg 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 period shown on the current certsflcate of coverage ends dunng the duration of the project, (4) obtmn from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new cert~fmate of coverage showing extension of coverage, prior to the end of the coverage period, If the coverage period shown on the current cemficate of coverage ends during the duration of the project, (5) retain all reqmmd certaficates of coverage on file for the duration of the project and for one year thereafter, (6) notary the governmental entaty ~n wnung by certified mml or personal dehvery, wlth~n I0 days after the person knew or should have known, of any change that materially affects the provlsmn of coverage of any person prowchng services on the project, and (7) contractually require each person with whom It contracts, to perform as reqmmd by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are prowding services J By signing this contract or prowchng or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the comnusslon's D~vlsion of Self-Insurance Regulation Prowchng false or rmsleachng ~nformat~on may subject the contractor to adrmmstrat~ve penalties, cnrmnal penalties, civil penalties, or other civil actions K The contractor's fmlure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental enuty to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notsce of breach from the governmental entity Bid 2557 POWER TRANSFORMERCONTRACT & BOND & INS -REVISED (Second Award) 3 2001 PRg~UCER ]~H]~ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon R~sk Services, Inc of Michlqan ONLY AND CONFERS NO RIGHT~ UPON THE CERTIFICATE 171 Monroe Avenue NW HOLDEI~ TI{IS CERTIFICAT~ DOES NOT AMEND, EXTEND OR Suite 525 Grand Raplds MI 49503-2634 USA ALTE~ T~E CO~EEAGE AFFOEDED BY THE POLICIES BELOW INSUEERS AFFORDING CO~E~AGE iNSUReD INSURB~A United States Fidelity & Guaranty CO Waukesha Electrlc Systems INSU~SRS USF&G SDeclalty Ins Co SPX Corporation 700 Terrace Point Drive INSU~RC Muskegon MI 49443-3301 USA INSURER D INSURER E THE POLICIES OF IN SUR ANC~ LISTED BELOW H AVE BEEN ISSUED TO THE INS UP, ED NAMED ABOVE FOR THE POLICY PERIOD INDICATI~ NOT%VITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT If) WHICH THIS CERTIFICATE MAY BE IS SUED OR MAY PERTAIN THE INS LIRA NCE AFFORDED B Y THE FOL1C ~ DESCRIBED HEREIN l S SUBJECT TO ALL THE TERMS EXCLUSIONS AN D DESCRIPTION OF OPERATION S/LOCATION$/VEIOCLES/EXCLU SIONS ADDED BY £NDORS~MENT/SPECIAL PROVISIONS RE B~d #2557 - Power Transformers Cert~ficate No 100000105404 Holder Identifier ~,~-cr,(x ~of DEN Attachment to ACORD Certificate for wa uke sba E ~ec tr~ c s ys tem~ The terms cond~nons and provmons noted below are hereby attaebed to the captmned certfficate as a~d~t~onal descapt~on of the coverage afforded by the insurer(s) Th~s ~achment does not conga all term: con&t~ons, coverages or exclusions contained m the INSURER Waukesha Electric Systems INSURER SPX Corporation 700 Terrace Point Dr~ve INSURER INSURER INSURER If a pohcy below does not include lurat m formation, refer to the corresponding policy on the ACORD ADDITIONAL POLICIES ccr~ficate form for oohcv lurers DESCRIPTION OF OPERATIONSILOCATIONS/VEH [CLES/EXCLU SIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The cancellation provision on this Certificate of Insurance is amended as follows Saxd policy shall not be cancelled, nonrenewed or materlally changed* without 30 days advanced written notxce being gxven to the ova2er {city) except when the policy is being cancelled for nonpayment of * Materxal Change means a signlflcant reduction in the provisions o~ the polxcy or the limit of coverage for the pollcy in place today Additional Insured City of Denton, its Officials Agents Employees and Volunteers Policies described hereon are primary Certificate No 100000105404 PRODUCER THIS CERllFICATE IS ISSUED AS A MATTER OF INFORMATION Ach Rlsk Services, £nc of M~chigan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 171 Monroe Avenue ~ HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 525 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Grand Rapids MI 49503-2634 COMP~IES AFFORDING COVERAGE Waukesha Electric Systems B Muskegon MI 49443-3301 USA D THIS IS ~ ~RTIFY THAT ~E POLICIES OF INSURANCE LISTED BELOW ~VE BEEN ISSUED ~ THE INSURED NAMED A~VE ~R ~E ~L~Y PE~OD INDICA~D NO~I~STANDING ANY REQUIREME~ TERM OR ~NOITION OF ~ ~NT~CT OR OTHER ~C~ENT ~TH RESPE~ TO WHICH THIS CE~IFI~TE MAY BE 18SUED OR ~Y PERTAIN ~E INSURANCE A~ORDED BY THE POLICIES ~SCRIBED HEREIN IS SUBJE~ TO ALL ~E TER~ EXCL~IONS ~D COND~D~ OF SU~ ~LICiES LIMffS SHOWN MAY HAVE BEEN RE.CE D BY PAID C~IMS ~ CLAIMS MADE ~ ~CUR PER~NAL & ~V INJURY I OF ANY K'~ UPON ~ CO~ a~EPRESENTATIVES AUTHORIZED ~ESE~IV~ - , Attachment to ACORD Certificate for: Waukesha Electric Systems / SPX Corporation The terms, cond~bons and provisions noted below are hereby atteched to the captioned cert;ficate es add;t~onel descnpt~on of the coverage afforded by the insurer(s) This attachment does not contain ail terms, cond~t*ons, coverages or exclusions contained ~n the CITY of DENTON A U S F~dehty & Guaranty Co A'I'I'N DENISE HARPOOL B 901-B TEXAS STREET C DENTON TX 76201 ADDITIONAL POLICIES If a policy below does not include hmit information, refer to the corresponding policy on the ACORD certificate form for policy limits DRE2260501 1/1/01 1/1/02 All Workers' Compensation policies described on this Certificate of Insurance - except for ohcy #DRE2260400 - are subject to a Self Funded retention of $350,000 - Each Claim - Workers' Compensation - Coverage A $350,000 - Each Claim - Employer's Lrsb~hty - Coverage B $350,000 - Disease Each Employee - Employer's Liability - Coverage B Limits of Liability shown for all Workers' Compensation policy #DRE2260400 described on this Certificate of Insurance are ~n excess of the Self Insured Retention limits shown above The cancellation provision on th~s Cediflcate of ~nsurence ~s amended as follows Said policy shall not be cancelled, nonrenewed or materially changed* without 30 days advance written notice being given to the owner (city) except when the policy is being cancelled for nonpayment of premium in which case 10 days advance written notice is required *Matenal Change means a significant reduction in the provislons of the policy or the I~m~t of coverage for the po#cy m place today Waiver of Subrogation endorsement is included in the policies described hereon Policies described hereon are primary Authorized Representative Aon Rtsk Services 03/06/2001cjt