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2000-107O IN CE No AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 15/20/25 MVA POWER TRANSFORMER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2408 - POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS, INC IN THE AMOUNT OF $441,877) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements m accordance with the procedures of STATE law and City or&nances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the constmctmn of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction ofpubhc works or improvements, as described m the "Sealed Bid Inwtat~ons", 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 NUMBER CONTRACTOR AMOUNT 2408 Waukesha Electric System, Division $441,877 of General Signal Power Systems, Inc SECTION II That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements hereto accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furmshmg of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the Clty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements an accordance with the bids accepted and approved herean, provided that such contracts are made m accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and apecfficatlons, standards, quantltlas and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized hereto, the City Council hereby authorizes the expenchture 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 immediately upon its passage and approval PASSED AND APPROVED this the ~q~/~ ~--Say of ~t~ ~ ,2000 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ATTACHMENT 1 TABULATION SHEET B~d # 2408 Date 8/31/99 POWER TRANSFORMERS WGRIPYIQN VENDOR VENDOR VENDOR VENDOR VENDOR ~, ~ ~.~;[~:~.~<~ ~ ~ ~ Kuhlman Sunbelt ~ ~ ~A~ ~ ~, ~ Waukesha Temple Wesco ~< ~ ~;~E~,[~ ~ ~ ~;~ Electric Trans .... ; %~;~;~,<~ ~ Electric Principle Place of Business. Elchardson, TX Grand Prairie, TX Ft Woffh, TX Goldsboro, TX Temple, TX Power Transformer 15/20/25 MVA, 138kV $441,877 $428,892 $446,410 $436,356 $316,800 ~e w~th load tap Changer Second Award $441,877 Less D~scount -$14,418 Cost $427,459 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into th~s 21 day of MARCH A D, 2000, by and between CITY OF DENTON of the CoUnty of DENTON and State of Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do, hereinafter termed "OWNER," and Waukesha Electric Systems Division of General Signal Power Systems, Inc P O Box 268 Goldsboro, North Carolma 27530 of the City of Goldsboro , County of Wayne and State of North Carolina hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentaoned, 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 # 2408 - POWER TRANSFORMER ~n the amount of $427,459 and all extra work in connection therewith, under the terms as stated ~n the General Conditions of the agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supphes, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and serwces necessary to complete the work specified above, in accordance with the condmons and prices stated in the Proposal attached hereto, and m accordance with all the General Condit~ons of the Agreement, the Specml Conditions, the Notice t9 Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment, Bonds, all attached hereto, and in CA - 1 accordance with the plans, which includes all maps, plats, bluepnms, and other drawings and printed or written explanatory matter thereof, and the Spec~ficanons therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collecttvely evidence and constitute the entire contract Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor xs an mdependent contractor and shall not be deemed to be or constdered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, soctal security taxes, vacation or stck leave benefits, worker's compensation, or any other C~ty employee benefit C~ty shall not have superwsmn and control of Contractor or any employee of Contractor, and ~t is expressly understood that Contractor shall perform the serwces hereunder according to the attached specfficat~ons at the general d~rect~on of the C~ty Manager of the C~ty of Denton, Texas, or his designee under th~s agreement Indemnification Contractor shall and does hereby agree to ~ndemmfy and hold harmless the C~ty of Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury to property or thtrd persons occasioned by any error, omission or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, w~th regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense, defend and protect the City of Denton against any and all such clanns and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he 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 mwrttten notice to commence work and complete all work w~thm the tune stated ~n the Proposal, subject to such extensions of tune as are prowded by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown m the Proposal, whmh 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 agreemem the year and day first above written ATTEST ATTEST CITY OF DENTON OWNER .. / (SEAL) CONTRACTOR / APPROVED AS TO FORM CI~Y ATTORNEY MAILING ADDRESS PHONE NUMBER FAX NUMBER TitLE PRINTE~NAME t/v ' /~C~ 5(~O~S~AL) CA - 3 Bond No 929142310 PERfOrCE BOND STAI'~ OP ~S [ COUNTY OF DENTON KNOW ALL MEN BY THESE PRE~ENTS That Waukoslm Elecaic D,v,,~,, ^~ r'~,,~,~l ~._., u..._ Q..,-.. T,,- ~,~t Nationi'i' ~ rare znsurance au~ m ~t bw~s m ~e 5~ ~T~, ~ S~e~, ~e held ~ ~y ~ ofT~, ~~O~, m~ep~ ~of FO~H~ ~Y SE~ ~OU~ NO~ ~ ~ ~ NO/I~ DO~ (~27,439) pl~ ~ pe~t of ~e ~ ~ ~ ~ ~ ~o~ s~ of ~y r~r~g ~4d~ ~ ~, auks' ~. ~ llqut~ ~g~ ~mg out of or co~ w~ ~e ~r ~ ~t of w~ ~ ~ ~d ~y ~ ~ ~e, wc h~eby b~ o~elv~, our ~lm~ A~ w~ ~ ~ C~t pn~, but m ~ ev~ s~l a ~.~ 0~ or Sup~ A~t w~ r~c~ ~e Co~ pr~e d~e~e ~ ~n~ ~ of ~ OBLIGATION TO PAY $AMI! L~ conditioned as follows Whereas. the Principal entered mm a certain Contract. utmmfi~ by Ordmanc~ Number 2000-107. with the City of Denton. the Owner. dated the 21 day of MARCH A D., 2000, a copy of which ,s hereto atmcbed amd made a pan Ii. eof, for BID # 2408 - POWER TRANSFORMIIt NOW, THNIt~ORE, ff ~ Prmcupal shall well, Waly and faithfully perform and fulfill all of the und~kt~s, covenmUs, r~ns, conditions and a~roemcnra of said Contract m acconiauce with ~ Plans, Speciflcauons end Conu-ac~ Documents during tbe original ~enn flm~of ~ any ~mm tiro'eof which may be ~auted by the Ow~r, vath or vaflmut notice lo the Surety, sad dun~ ~ life of any guaranly or warranty requu'ed under ~ Con~ac~, and shall also well and u~ly perform a~d fulfill all ~be underhsklngs, covmm~s, tonns, conditions and agreements of any a~l ell duly authorized modiflcauous of smd Conuac~ ~ may herca~r be made, no~ce of which modifications to ~ Surety being hereby wmved, and, if the Pnncipal shell repair and/or replace all d~ts ~e m faulty maIermls .-~ workmsmlnp that · ppe.~ w~h,,, a period ofon~ (1) y~ar from the 4~r,. of final compleuon and ~ ~coptance of the Work by the Owner. and, if tile Principal shall fully illdemmfy and save hanalass the Owner from all costs ~ dmm~ns which Own~ may sul~r by rcasoa of' fadure to so perform herein and ~all fully rmmburse a~d r~y Owner all outlay and expense wluah the Owner may incur in mald~ ~ood any d~fsult or daflciency, then th~ obhgation shall be void. otherwise, it shall remain in full force and effect PB-1 AND PROVIDED FURTHF, R, that tl~ said Surety, for value recmved, hereby s~pulm~ m2d qr~s ~ w cban~, extension of ~me~ alteration or addmon to the terms of the Contract, or to the Work to be performed ther~m4_-?, or to die Plans. Specifications, Dzawin~, etc., a~ompanyin~ tim same, sludl in anywise affect its obbpUon on this Bo~d, and it does hereby waive notice of any such change, extcnmon of time. alteration or addmon to the terms of ~e Contract. or to b Work to be performed ther~ma__~, or to thc Plans, Sp flo lons, Dmv p, This BoM is ~_vea pursuant to the prowsxons of Chapmr 21~3 of die Texas Oovc~,,~--* Code, as amended, and ~ odter applicable sutures of th~ Stare of Texas The unde~sipmd and des~nmd agent is hereby designated by ll~e Surety hereto as th~ Res'aent Agent m Denton CouuLT to whom any rcquts~te notes may be delivered and on whom service of pru~m my be had m maxers arming our of such sumysblp, u prov~lM by Article 7.19-1 of the Imurnce Code, Vemon's Annotated Ct,al Statutes of tile S~M of Texas n~ WITNF. SS WHHIU/OF, tim ~tnm~nt ,~ exeouted in 4 coptes, each one of shall be deemed an original, this lira 21 day of MARCH , SI C -"rA Y ~ COUNTERSIGNED BY' Lawrence W. Waldie Texas Resident Agent PRINCIPAL Waukesha Electric Systems Division of General Si hal Power S stems Inc. SURETY National Fire Insurance Company of Hartford AIIORI~¥-IN-FACT Ronda L Pekel Tam Resident Agent of d~ Surety in Denton Conap/, Texa~ fo~ d~hv~'~ of nouce and service of the process is NAM~. Lawrence W Waldte Marsh USA Inc. STREET ADDRIL~ 1601 Elm St.,.Suite 2100, Dallas, TX 75201 Date of Performance Bond rnu~t be date of Contraa. If Retld~nt ~gent ts not a corporm'lon, give a p~rMn9 namg.) PAYI~JqT BO~D STATE OF TEXAS COUNTY OF DENTON I~[NOW ALL MI:.N BY THESE PRF.,SENT$ That Wa_u~_cslm El~cll'b; Systems D_tv..Lsi. Of O=~*ml St Powe~ S stems Inc , whose address ,s P O Box ~;-~.Prl~ltpal, alld l'la~:iona]. Fire ~nzur~nce Company a corporation or~dzed alld ey, lstmg ~ tbe laws of rile State of ~, axld flllly of Hartford authorized to transaa business tn the State of Texas. aa Surety, are held and f~nl~ bound unto the City of Denton, a mummpal corporation orp. ulzed and exlstinI under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may fvrnmh matermls for, or perform labor upon, die building or improvements hereinafter referred to, m the penal sum of FOUR HUNDRED TWENTY SEVEN THOUSAND FOUR HUNDRED ~ NINE NO/100 DO~ ($427,459)' in lawful money of the United States,' tO be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, wc hereby bind ourselves, our beks, executors, administrators, successors, and assigns, jointty alld s="vera~y, fimxly by thase presents Th~s Bond shall automatically be Increased by the amoimt of any Change Order or Supplemental Agreement which increases the Contract price, but tn no event shall a Cltan/e Order or Supplemental Aireement which reduces th~ Conffaot prlco dec,'ease the penal sum of thts Bond THE OBLIGATION TO PAY SAME [] cond.moued as follows Wber=ts, thc Principal entered intO a cat~,,, C,~.t.*~ct, gentified by Ordinance N,,~_~er 2000-107, with the City of Denton, the Owner, dated the 21 day of MARCH A D 2000 , a copy of wi~ch is hereto attached and ~e & plat hereof, for .B_ID..# 2408 - POWER TRANSFORMER NOW, THEREFORE, if the Prmclpal shall well, wily and fazthfully perform lis dimes and mak~ prompt peyme~ to all persons, firms, subcontractors, corporaUons and cln,rn~mts supplyin$ labor and/or material m the prosccimon Of ~he Work prowded for tn said Contract and any and all duly authorized tnodlflcat~ons of said Contract that may hereafter bc rondo, notice of which modlfimmons to the Surety beu~ hereby expressly waived, then tim obligation shall be void, oth~t'wIse it ~hnl! relllam m fltJJ fol~ce iud effect, PROVIDED FURTHER, that if any lopl action be filed on thru Bond, exclusive venue shall lie in De~oa Count),, T~xas. AND PROVIDED IAIRTHER, that the smd Surety for value recetved, hereby sttpulates and a~rees that no chan~e, extension of ume, alteration or addiuon to the t~t~s of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, rotc,, accompauymg the same, shall m anywise affect tts obhgimon on this Bond, and it does hereby waive not,ce of any such change, extension of Ume, alteration or addition to the tcnns of the Conu'act, or to the Work to be performed thereunder, or to the Plans, Sp~'iflmuions, Drawings, eto PB-3 The undmlsned mi deefSnmd ageu~ 2 hereby dc~m~ by *he Su~y horein as ~e lt~Jident Age~ iu Denton Coun~ to w~ ~ r~ ~ ~y ~ ~iv~ ~ ~ 7.1~1 of ~ ~ ~e, V~n's ~m~ Clv~ SMm~ ~ ~e S~ ~ T~ IN WFINK~ WHEREOF, flits imimment b ~xecuted t~ 4 c~pi~. ~ch one of wb~b deemed in ofig~ad, dgs *he 21 day of MARCH , 20~0 ATT]{$T: ~ COUNTERSIGNED BY. Lawrence W. Waldie Texas Resident Agent PP. INCIPAL Waukesha Electric Systems Division of __General Signal,Power S~steme~ / SURETY National Fire Insurance Company of Hartford ATTORNEY-IN-FACT Ronda L Pekel The Resideu~ Agent of the Surety in Denton Couuu, T~xas ibr dehvery of noUce and service of the process m. NAIve' Lawrence W. Waldie Marsh USA Inc. ST~'~T~D~:~601 Elm St.. Sgite 2100~ Dallas, TX 75201 (NO'B: Date ~ Pe, ment ~on~ nmt be da~ o! Comract. 13' Re~e,t .4~em ~s ,mr a c'orpoymlon, ~iw a .ms.~o# '.~ name ) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Ilhno~s corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (hereto collectively called 'the CCC Surety Companies ), are duly organized and ex,sting corporations hawng their pnnclpal offices ~n the C~ty of Chicago, and State of Ilhno~s and that they do by wrtue of the s~gnature and seals here~n affixed hereby make consbtute and appoint Drew Brach, Bnan Cook LorettaA PeretthH Dawd Hoover, James A Dawd¥, Ronda L Pekel, Ind~wduall¥ of Grand Rapids, Michigan their true and awfu Attorney(s)-m-Fact with full power and authonty hereby conferred to s~gn seal and execute for and on their behalf bonds undertakings and other obhgatory ~nstruments of slmdar nature - In Unhmlted Amounts - and to b~nd them the~'eby as fulty and to the same extent aa ~f such ~nstruments were s~gned by a duly authorized officer of their corporahons and all the acts of smd Attorney, pursuant to the authority hereby given are hereby ratified and confirmed Th~s Power of Attorney ~s made and executed pursuant to and by authonty of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted as indicated by the Boards of D~rectors of the corporabons In Witness Whereof, the CCC Surety Compames have caused these presents to be s~gned by their Group V~ce President a~d their corporate seals to be hereto affixed on this , 17th . day of Mamh 2000 CONTINENTAL CASUALTY COMPANY AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Marvin J Cash~on Group V~ce President State of Ilhno*s County of Cook ss On th~s 17th day of March 2000 before me personally came Marvin J Cash~on to me known who being by me duly sworn, d~d depose and say that he resides ~n the C~ty of Chicago State of Ilhno~s that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seats of ~a~d corporations, that the seals affixed to the sa~d instrument am such corporate seals that they were so affixed pursuant to authonty given by the Boards of Directors of said corporations and that he signed h~s name thereto pursuant to like authority and acknowledges same to be the act and deed of sa~d corporations My Commission Expires September 17 2001 Diane Faulkner Notary Pubhc CERTIFICATE Mary A Rlbl~awskls Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and ,~MERICAN CASUALTY COMPANY OF READING, PENNSYLVAN A do hereby certify that the Power of Attorney here n above set forth ~s sfill ~n force, and further certify that the By-Law and Resoluhon of the Board of D~rectors of each corporahon pnnted on the reverse hereof are ~tlll m force In testimony whereof I have hereunto subscnbed my name and affixed the seals of the sa~d corporahons this 2let: day of [,la~:ch 2000 (Rev 10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Mary A Rib~kawskls Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY Th~s Power of Attorney ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of D~rectors of the Company "Article IX~xecution of Documents Section 3 Appointment of Attorney-in-fact The Chairman of the Board of D~rectors the President or any Execuhve Senior or Group Vice President may from t~me to t~me appoint by written certificates attorneys-re~fact to act in behalf of the Company in the execution of policies of msurance bonds undertakmgs and other obligatory ~nstruments of I~ke nature Such attorneys-m-fact subject to the hm~tat~ons set forth in their respective certificates of authoety shall have full power to b~nd the Company by their s~gnature and execution of any such mstruments and to attach the seal of the Company thereto The Chairman of the Board of D~rectors, the President or any Executive Senior or Group V~ce President or the Board of D~rectors may, at any t~me revoke all power and authority previously given to any attomey-m fact Th~s Power of Attorney ~s s~gned and sealed by facs~mde under and by the authonty of the following Resolution adopted by the Board of D~rectors of the Company at a meeting duly called and held on the 17th day of February 1993 Resolved that the signature of the President or any Executive, Semor or Group V~ce President and the seal of the Company may be affixed by facslmde on any power of attorney granted pursuant to Section 3 of Arbcle IX of the By Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate beanng such facslmde s~gnature and seal shall be valid and b~ndlng on the Company Any such power so executed and sealed and cerhfied by certificate so executed and sealed shall wdh respect to any bond or undertaking to which ~t ~s attached continue to be vahd 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 authonty of the followmg By-Law duly adopted by the Board of D~rectors of the Company "Article V~xecut~on of Obligations and Appomtment of Attorney-in-Fact Section 2 Appomtment of Attorney-m-fact The Chairman of the Board of Directors the President or any Executive Semor or Group V~ce President may from t~me to brae appoint by written certificates attorneys-~n-fact to act m behalf of the Company m the execution of pohc~es of ~nsurance bonds undertakings and other obligatory ~nstruments of l~ke nature Such attorneys-~n-fact subject to the I~mltahons set forth in their respective ceffificates of authority shall have full power to b~nd the Company by their s~gnature and execution of any such ~nstruments and to attach the seal of the Company thereto The President or any Executive Semor or Group V~ce President may at any t~me revoke all power and authordy prewously g~ven to any attorney-~n-fact" Th~s Power of Attorney ~s s~gned and sealed by facs~mde under and by the authority of the following Resolution adopted by the Board of D~rectors of the Company at a meehng duly called and held on the 17th day of February 1993 Resolved that the s~gnature of the President or any Execuhve Semor or Group V~ce President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Afficle VI of the By-Laws and the s~gnature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or cerbflcate bearing such la.lille signature and seal shall be vahd and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which *t ~s attached continue to be vahd and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney (s made and executed pursuant to and by authority of the followmg Resolution duly adopted on February 17 1993 by the Board of Directors of the Company RESOLVED That the President an Executive Vice President or any Senior or Group Vice President of the Corporation may from time to t~me appoint by written certificates Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance bonds undertakings and other obligatory mstruments of like nature Such Attorney-in-Fact subject to the Iii(tat(ohs set forth in their respective certificates of authority shall have full power to bid the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President an Executive Vice President any Senior or Group V~ce President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-mn-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 D~rectors of the Company at a meeting duly called and held on the 17th day of February 1993 RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the sealofthe Corporat(on may be affixed by facsimile to any certificate of any such power and any power or certificate beanng such facs~mde s~gnature and seal shall be vahd and b~ndlng on the Corporatme Any such power so executed and sealed and certified by certificate so executed and sealed shall w~th respect to any bond or undertakmg to which ~t is attached coobnue to be vahd and biding on the Corporabon CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attention ts dtrected to the tnsurance requirements below It ts htghly recommended that btdders confer with thetr respectzve tnsurance carrters or brokers to determtne tn advance of Bid submtsston the avadabdtty of tnsurance certtficates and endorsements as prescribed and provided heretn If an apparent low btdder fads to comply stnctly wtth the tnsurancel reqmrements, that balder may be dtsquahfied from award of the contract Upon btd award, all tnsurance requtrements shall become contractual obhgattons whwh the successful bidder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS: Wtthout hmtttng any of the other obhgattons or habtltttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted work has been completed and accepted by the Oty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafter As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchasing Department sattsfactory certtficates of tnsurance, contatmng the bid number and tttle of the project Contractor may, upon written request to the Purchastng Department, ask for clanficatton of any tnsurance requtrements at any time, however, Contractors are strongly advtsed to make such requests prtor to btd opemng, stnce the tnsurance requtrements may not be modtfied or watved after bid opemng unless a written exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any material untd he or she recetves nottftcatton that the contract has been accepted, approved, and stgned by the Ctty of Denton All tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these general spectficattons throughout the duration of the Contract, or longer, tf so noted Each pohcy shall be ~ssued by a company authorized to do bus~ness m the State of Texas w~th an A M Best Company rating of at least A Any deductibles or self-insured retentmns shall be declared ~n the b~d proposal If requested by the Ctty, the insurer shall reduce or ehmlnate such deducnbles or self-insured retentmns w~th respect to the City, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related mvestlgatmns, clmm admlmstranon and defense expenses · Lmbfi~ty pohc~es shall be endorsed to prowde the following Name as adtht~onal msured the C~ty of Denton, ;ts Officials, Agents, Employees and volunteers That such insurance as prnnary to any other insurance available to the addlUonal insured wtth respect to clatms covered under the policy and that this insurance applies separately to each insured agamst whom clatm is made or suit is brought The mclns~on of more than one insured shall not operate to increase the insurer's limit of habdlty All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" Should any of the reqmred insurance be provided under a claims-made form, Contractor shall mamtam such coverage contmuously throughout the term of th~s contract and, without lapse, for a permd of three years beyond the contract exp~ration, such that occurrences arlsmg during the contract term which gave rise to clanns 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 lnnlt providing for claims mvestlgat~on or legal defense costs to be included m the general annual aggregate lumt, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Llabihty Insurance Should any reqmred insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtatned in sattsfactton of thts Contract shall addlttonally comply with the followmg marked spec~ficatlons, and shall be matntatned tn comphance with these addlttonal spectficattons throughout the duration of the Contract, or longer, tf so noted IX] A General Ltabdity Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be prowded and maintained by the Contractor The pohcy shall be written on an occurrence basis either m a single policy or in a combination of underlymg and umbrella or excess policies [Xl If the Commercml General Llabflaty form (ISO Form CG 0001 current edition) ~s used Coverage A shall ~nclude premises, operataons, products, and completed operatmns, independent contractors, contractual habfllty covering th~s contract and broad form property damage coverage · Coverage B shall include personal anjury · Coverage C, medical payments, ~s not reqmred If the Comprehensive General L~abfl~ty form (ISO Form GL 0002 Current Edmon and ISO Form GL 0404) is used, at shall mclude at least Bodily injury and Property Damage L~abthty for premases, operations, products and completed operations, independent contractors and property damage resultmg from exploston, collapse or underground (XCU) exposures Broad form contractual habfl~ty (preferably by endorsement) covermg th~s contract, personal injury hablhty and broad form property damage lmbthty Automobile Liability Insurance Contractor shall provade Conunercaal Automobile Llablhty msurance w~th Combined Single Lumts (CSL) of not less than $1,000,000 e~ther in a single policy or m a combmatton of basic and umbrella or excess pohcaes The pohcy wall include bodily injury and property damage habthty arising out of the operataon, manttenance and use oh all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above reqmrement shall be in the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addat~on to meeting the mmamum statutory requirements for issuance of such insurance, has Employer's Lmbflaty hmats of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hmat for oceupataonal d~sease The City need not be named as an "Addlt~onal Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or constructaon projects, the Contractor shall comply w~th the provlsmns of Attachment 1 m accordance wath §406 096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's Compensation Commasslon (TWCC) [1 [] [] [] [] OWner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecuaon of the work under this contract, an Owner's and Contractor's Protective Liability insurance pohey naming the City as insured 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 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the ,Contractor ' s habthty insurance Pohcy hm~ts will be at least combined bo&ly injury and property damage per occurrence with a aggregate Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or ~s unavailable to the contractor or if a contractor leases or rents a portion of a City budding Limits of not less than each occurrence are required Professional Liability Insurance Professional liability insurance with limits not less than per clmm with respect to neghgent acts, errors or onusslons in connection w~th professional serwces is required under this Agreement Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided Such pohcy 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 mthwdual basis for extra hazardous contracts and specific service agreements If such adtht~onal insurance ~s required for a spectfic contract, that requirement will be described in the "Specffic Condmons" of the contract spemficataons ATTACHMENT 1 Ix] WOrker's Compensation Coverage for Braiding or Construction ProJects for Governmental Entit~es A Defmitmns Certificate of coverage Ccertlficate")-A copy of a certificate of ~nsurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or ent~ty's employees providmg services on a project, for the duration of the project Duration of the project - includes the time from the beglnmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entaty Persons providing services on the project ("subcontractor" m §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 d~rectly with the contractor and regardless of whether that person has employees This mcludes, without ltmltatlon, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde services on the project "Services" ~nclude, without ltmltatlon, providing, hauling, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include acuvmes unrelated to the project, such as food/beverage vendors, office supply deliveries, and dehvery of portable toilets 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 reqmrements of Texas Labor Code, Sectxon 401 011(44) for all employees of the Contractor providmg serwces on the project, for the duratmn of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract If the coverage period shown on the contractor's current certificate of coverage ends during the dnratmn of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E F G H The contractor shall obtain from each person providing serwces on a project, and prowde to the governmental entity a certfficate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showmg coverage for all persons prowdmg serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certfficate of coverage showmg extension of coverage, if the coverage period shown on the current certfficate of coverage ends dunng the duratmn of the project The contractor shall retam all reqmred certfficates of coverage for the duration of the project and for one year thereafter The contractor shall notify the governmental entity in writing by certified mail or personal dehvery, w~thm 10 days after the contractor knew or should have known, of any change that matermlly affects the prowslon of coverage of any person provdlng serwces on the project The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Comm~ssmn, lnformmg all persons prowdmg services on the project that they are reqmred to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom n contracts to provde services on a project, to (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, whmh meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of its employees prowdmg services on the project, for the duration of the project, (2) prowde to the contractor, prior to that person beginning work on the project, a certfficate of coverage showing that coverage is bemg provided for all employees of the person prowdmg services on the project, for the duratton of the project, (3) provtde the contractor, prior to the end of the coverage period, a new certificate of coverage showmg extension of coverage, if the coverage period shown on the current certificate of coverage ends durmg the duration of the project, K (4) obtmn from each other person w~th whom ~t contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ff the coverage permd shown on the current certfficate of coverage ends during the duration of the project, (5) retain all reqmred certfficates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in wmmg by cemfled mall or personal dehvery, within 10 days after the person knew or should have known, of any change that matertally affects the prows~on of coverage of any person providing services on the project, and (7) contractually reqmre each person w~th whom ~t contracts, to perform as reqmred by paragraphs (1) - (7), with the certfficates of coverage to be provided to the person for whom they are prowdmg services By slgmng this contract or providing or causing to be provided a certfficate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who will prowde serwces on the project wdl 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 fded with the appropriate insurance earner or, m the case of a self-insured, with the commission's Dlws~on of Self-Insurance Regulation Promdmg false or mlsleadmg ~nformatlon may subject the contractor to admlmstratlve penalties, criminal penalties, mvll penalties, or other civil actions The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void ~f the contractor does not remedy the breach within ten days after receipt of notme of breach from the governmental entity JUN-l~-~000 1~ 3~ A~]N OF GR GiG ~SG ?~51 P 01 Aon Risk Services Aon Risk Serwoes, Inc of Mishlgan, 17t Monrae NW, Suite 525, Grand Rapids, Michigan 49803 Telephone (616) 485-$366 Fecs;mde (616) 456-7451 D~rect Phone (616) 336-0415 TELEFAX TRANSMISSION Date To Company Fax Number Re 06115/00 Denise Harpool City of Denton - Denton, TX 940 349 7302 Certificate of Insurance Pages incl cover 5 From C Joy Te~tsma Accompanying this memo please find Certificates of Insurance for Waukesha Electn¢ Systems/SPX Corporat;on The anginal certificates are being mailed to you today Should you need anything further, please feel free to call me Regards, cjt cc Bob Baldus - Waukesha, Waukesha, WI (262) 521-0190 The matenals enclosed with ~his facsimile transmission are pnvete and con§denaal and are the property of the sender The Information contained in the material Is privileged end is intended only for the use of the Individual(s) or entity(les) named above If you are not the intended recip~eflt, be advised that any unauthodzeH H~sclosure, copying, d~strlbution or faking Df any action in rel~enco on the contents of this telecopled information Is stncay prohibited If you have received this facsimile transmission rn error, please Immediately notify us by telephone to arrange for ~he return of the forwarded doouments Io us JUN-15-2000 13:34 RON OF GR Suit. e 525 SPx oo~ora~ion 700 Terrace Poin~ Drive ~akego~, ~ 4~443 616 456 7451 P 02 ?~IS C~RTIPI~ATE IS ISb~D A8 A MA~H~ OP INFORMATION ONLY AND CONFERS NO ~IOHTS UPON TH~ C~PICATE HOLD~ THIS CER~FICATE DOES NOT AMEND ~PND OR ALTER THE CO~GE AFFORD~ BY THE POLICI~ B~OW COMPANIES AFFORDING CQ~QE A U ~ Fidelity & ~ara~tv C~ C COMPANY D POUCY NUMI~R DA~2260600 DRB~2L3S00 DRB2223400 ~Oi0230044 ~/ol/oo ~/ol/o~ 1/oz/oo 1/ol/o~ z/oz/oo l/eL/et 5000000 S000000 2000000 2000000 2S000 2000000 R~ City of Denton Bid #2408 - Powe~ TranSfOrmer See C'rTY o~ ATTN DENISE NAP. POOL OOl-R 't'~XAS 0455660'1'7 JUN-15-2088 iS 35 RON OF GR 616 456 7451 P 83 Attachment to ACORD Certlflcete for, Waukesha Electri; Systems / 5PX Corporation. TIIr~ terms, coflOlllons en;I prov~smns noted below am hereby attached to the copUoned csrUflcate as addl'donal description of the e~vemOe afforded by ~he Insurer(s) This attaGhment does not eontsth alt terms cond~Uon6, Govern§e,, or exclusions contained In the polloy CITY of DENTON ATTN DENISE HARPOOL 901-b TEXAS STREET DENTON TX 76201 DESCRIPTION ef OPERATIONSILOGATIONSI ¥11~HICLEE. Cont'd The cancellation provision on this Certrficate of Insurance is amended as follow~ Sa~d pohcy ~hall not be cancelled, nonr®newed or materially ohenged * w~thout 30 days advm~bed written notice being g~ven to the owner (city) except when the policy is being cencelled for nonpayment of premium ~, which case 10 clays aclvance wrrtten not,ce ~s required · Material Change means a significant reduction m the provisions of the policy or the limit of coverage for the polioy in place fodey. Add~hoHdl h~surecl City Of Denton, ;ts Oflvc~als, Agents, Employees and Volunteers ^utho,zecl Represent~ve Ann Risk Services $UN-15-~000 1~ ~ AON OF G~ l?lMcmxoe Avenue N W G~an4 Ra~Lds JiZ 49503 ! 516-455-535E SPX Co~po;a~ion 700 ~a~moe ~oi~ D=ive Xuekogon, 1.~ 49~3 616 456 7451 P 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATION ONLY AND CONFERS NO RIGHTS .PON THE CERTIFICATE .OLHS. T.,S CE.T~,C^T. DO. NO~ ~m~H. ~'"" O" ALTER THE COVERAGE AFFORDED BY Tile POLICISS BELOW --., CO. MPANiUS AFFORD NG COVERAGE D THIS 1S TO CERTIFY THAT THE POLICIES OF INSUFLANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATES NOTWITH"TANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON'rRACT O..~E. DOCUMENT W"" "e*PE~ TO ~'CH THIS DRR2260200 DR02260400 1/Oz/oO l/CZ/Cz ~/01/o~ 10000oo 1000000 1000000 #2408 - Powm~ Trans£o~ter A~?N DB~ZSR D~ON TX 7620~ $UN-~5-20~0 ~ ~5 RON OF GR 65~ 4S~ 745~ P 05 Attachment to ACORD Certificate for. Waukesha Electri; Systems I SPX Corporation The terms, Gondltlons Fnd ptuvl.lu,a rioted below are ~ereDy stlachad ~o the captioned cerMIcate as additional description of the coverage afforded by ~e insurer(s) This e6schment does not ~ontaln all term~ -~,~dliions, coverages or exclusions contained in bhe CITY of UI:tN I (.,IN ' A"CI'N UENIbE HARPOOL t~Ul.EI I EXA5 STREET DENTON TX 76201 A U S Fidellt~ & Guaranb/Co B .C D A~DmONAC POLICIES If s policy below does not Include limit Inform~tion, refer :o the carmspondlng policy on the ACORD certificate form for P/Im~ts All Workers' Compensation polisles described on this Certificate of Insurance am subject to a Self Insured Retentmn ~ $350,000 - Each Claim - Workem' Compensation - Coverage A $300,000 - Eu~.ll Claim - Employer's Llsl:Hltty - t.overage B $350,000 - Dl,,ease - Each Employee - Employer's Liebdity - Coverage B Limi~ of L~ablllty shown for ail Workers' Compenaat~on pollsles described on this Certificate of Insurance are in excess of the Self Insured Retention brnlt~ shown above The cancellaben pavilion on this Certificate of Insurance is amended as follows Sa~d policy shall not I~il cancelled, nonranewed or materially changed* w~thout 30 days advance written notice being given to the owner (al~-) e~r. ept when fllelpuli~.y it, being cancellea for nonpayment ct premium in which case 10 days advance written notice m required 'Ma/er/el C/~en~e meaz~ e eNInMeent reduction in the previ~lu~w of the policy or tits limit Of coverage I~r tile policy tn piece ~o~y Waiver of Subrogaticq is Included m Workers' CompencaUon polimas described hereon Authorized Representatwe Aah Risk Services oe/'T~oo~ TOTAL