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