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2000-367
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO POWER TRANSFORMERS, REJECTION OF CERTAIN BIDS NOT MEETING SPECIFICATIONS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2557-POWER TRANSFORMERS AWARDED TO WAUKESHA ELECTRIC SYSTEMS IN THE AMOUNT OF $466,200 EACH OR $932,400 FOR TWO) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the matermls, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council hereby finds that the bids submitted by Sunbelt, Utlhserve 1 A, Utlhserve 2A, and Kuhlman Electric do not meet specifications, are not responsive, and are therefore hereby rejected, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, eqmpment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such Items BID ITEM NUMBER NO VENDOR AMOUNT 2557 ALL Waukesha Electric Systems $ 932,400 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specfficatlons, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SI~CTION III That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval,I and awarding of the bids, the City Manager or his designated representative is hereby anthonzed to execute the written contract which shall be attached hereto, provided that the written contract as an accordance wath the terms, condataons, specfficatlons, standards, quantltaes and spemfied sums contmned m the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered atems of the submitted bids, the Caty Council hereby authortzes the expendamre of funds therefor in the mount and in accordance wath the approved bads or pursuant to a written contract made pursuant thereto as authorized herein SECTION V The findings and remtataons m the preamble of thru ordinance are substantat~ve and are hereby incorporated anto the body of thas ordinance SECTION VI That thru ordanance shall become effectave lmmedmtely upon ats passage and approval PASSED AND APPROVED this .~ day of t~/ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY B~d 255 1NANCE 9-00 Page 2 ATTACHMENT 1 Power Transformer Evaluation Sheet Eneroy Loseea Cost per Tranaformar $263655 $306~00 $275745 $267375 $275745 $311 364 Energy Losses Cost lae~ Bid $527 310 00 $613,800 00 $551 490 00 $534 750 00 $551 490 00 $622 728 00 Total Evaluate Cost $1,466,71000 $1A37,670 00 $1~35,682 00 $1A41,7~0 00 $1A18A90 00 $1,536,14000 WAUKEaHA $unbelt WESCO UtJltserve IA U~lserve 2A KUHLMAN ELECTRIC Evaluation Factors Warranty penod 5yin 5y~ 5y~ 5yin 5yin field aaaembly requirements Yo~ Ye~ Yea Yes Ye~ Yea Cegtlfy ~ ~(eren~e Tamp 85C 75 C 75 C 75C 75C 75 C Ce~ no load Io~aea kw 1510 2450 1620 1550 1530 1344 Cmb~yload Lo~ea kw 41 60 41 50 43 10 4200 4400 5352 Total Io~ kw ~ 15 MVA 5670 6600 5930 5750 5930 6696 Tank & F~ (Weight in Pounds) 34,950 50 000 ? 40 340 33~50 27 100 Oil (Weight in Pounds) 42,000 37 750 ? 57 100 46~0 40~00 E~enence List Colllpllance Non-C.~npliam:e Compliance Compliance Non-C~lplian~ Tank Compll~r.~e I~q-Gomplla~e Non- Compliance GomF41arme Compllanoe N~n-Complian~e Load Tap Changer Height Max 84' Complianee Comldian~ Comp~lam:e No..Compliance Non-Comp~nce ~mnce Automa~c 011FiIba#on Sytem Gompllan©~ No~.Gempl~nm ~ompllance ~ 4ianoe Viewing Po~ts on LTC C, olgpl~ Non-Getup#alma Compliance Corn ~tance Gompllance Complmnce Irmon Model 1250B P~JtJon Monl~ Compl~nee Comptlmme Compllanoe Cam 4iarme COmpllar~e Non-Complimme Bantngton COrmu~mt TTM System 3 Compliance Compliance Comp#~nce Cam 4mnce Complbnce Compliance 180 9001 Certificate Compliance Compliance Compliance Corn 4iance ~nplJance NonA~mpliance CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 day of October A D, 2000, by and between C~t¥ of Denton of the County of DENTON and State of Texas, acting through. M~chael W Jez thereunto duly authorized so to do, hereinafter termed "OWNER," and Waukesha Electric Systems 400 S Prame Ave Waukesha, WI 53186 of the City of Waukesha , County of Waukesha and State of Wisconsin hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the paymems and agreemems hereinafter memloned, 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//2557 - Power Transformers m the amount of $932,400 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreemem, and at his (or their) own proper cost and expense to furnish all materials, supphes, macfunery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the condmons and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advemsement for Bids), and Instructl0ns to Bidders, as referenced herein and on file in the office of the Purchasing Agem, and m accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA- i and the Spectfications therefore, as prepared by City of Denton Electrtc Engtneermg Department all of whtch are referenced hereto and made a part hereof and collectively evidence and constitute the entire contract Independent Status It ts mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, soclal security taxes, vacatton or sick leave beneftts, worker's compensation, or any other C~ty employee benefit C~ty shall not have superwslon and control of Contractor or any employee of Contractor, and ~t ts expressly understood that Contractor shall perform the serwces hereunder according to the attached spec~ficattons at the general dlrectton of the Ctty Manager of the C~ty of Denton, Texas, or his designee under th~s agreement Indemmficat~on Contractor shall and does hereby agree to mdemmfy 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 third persons occasioned by any error, omtss~on or negligent act of Contractor, ~ts officers, agents, employees, lnvttees, and other persons for whom it ~s legally hable, with regard to the performance of thts Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall he tn 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 nottce to commence work and complete all work wlthtn the tune stated in the Proposal, subject to such extenstons of ttme as are prowded by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown tn the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed th~s agreemem ~n the year and day first above written (SEAL) ATTEST CONTRACTOR Mary B~th Weber 400 S Prairie Avenue Waukesha, WI 53186 MAILING ADDRESS (262) 547-0121 PHONE NUMBER (262) 521-0190 FAX NUMBER TITLE Manager, Marketing & Sales Support Robert W Baldus APPROVED AS TO FORM ~ PRINTED NAME CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Waukesha Electric Systems whose address is 400 S Prairie Ave, Waukesha, WI 53186 , hereinafter called Principal, and , a corporation orgamzed and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporation orgamzed and extstlng under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Nine Hundred Thirty Two Thousand Four Hundred and no/100 DOLLARS ($ 932,400) 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, in lawful money of the Umted States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admlmstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2000-367, with the C~ty of Denton, the Owner, dated the 3 day of October A D 2000 , a copy of which is hereto attached and made a part hereof, for BID #2557 - Power Transformer NOW, THEREFORE, if the Principal shall well, truly 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, with 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, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully mdemmfy 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 rennburse 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 in full force and effect PB - 1 PROVIDED FURTHER, that tf any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates ,and agrees that no change, extension 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 m anywise affect its obligation on this Bond, and it do~s hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, 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 m Denton County to whom any requisite notices may be delivered and on whom service of process may be had m 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 original, this the 3 day of October 2000 ATTEST PRINCIPAL BY SECRETARY BY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a corporation, gtve 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 ~s 400 S Prairie Ave, Waukesha, WI 53186 hereinafter called Principal, and a corporation orgamzed and existing under the laws of the State of , and fully authorxzed to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, f~rms, and corporations who may furmsh materials for, or perform labor upon, the building or ~mprovements hereinafter referred to, in the penal sum of Nme Hundred Thirty Two Thousand Four Hundred no/100 -- DOLLARS ($932,400) ~n 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, we hereby b~nd ourselves, our he,rs, executors, admImstrators, successors, and assigns, jointly and severally, firmly by these presents Th~s Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but ~n no event shall a Change Order or Supplemental 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, identified by Ordinance Number 2000-367, w~th the C~ty of Denton, the Owner, dated the 3 day of October A D 2000 , a copy of which ~s hereto attached and made a part hereof, for BID #2557 - Power Transformer NOW, THEREFORE, ff the Principal shall well, truly and faithfully perform ~ts duties and make prompt payment to all persons, f~rms, subcontractors, corporations and claunants supplying labor and/or mater~al in the prosecution of the Work provided for ~n said Contract and any and all duly authorized modifications of sa~d Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise ~t shall remain ~n full force and effect PROVIDED FURTHER, that ff any legal action be filed on tfus Bond, exclusive venue shall he tn Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specd~cat~ons, Drawings, etc, accompanying the same, shall in anywise affect its obhgatlon on this Bond, and ~t does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specificax~ons, Drawings, etc PB - 3 Th~s Bond ~s g~ven pursuant to the prowslons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent ~s hereby designated by the Surety herein as the Resident Agent ~n Denton County to whom any requisite notices may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vernon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of which shall be deemed an original, th:s the 3 day of October 2000 ATTEST PRINCIPAL BY SECRETARY BY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Resident Agent of the Surety ~n Denton County, Texas for dehvery of not~ce and serwce of the process ~s NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name ) PB - 4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ts directed to the Insurance reqmrements below It ts highly recommended that bidders confer with their respective insurance carriers or brokers to determine tn advance of Bid submission the avatlabdtty of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fads to comply strictly with the insurance requirements, that bidder may be d~squaltfied from award of the contract. Upon bid award, aH insurance requirements shall become contractual obhgattons, which the successful bidder shah have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: ~Vtthout ltmtttng any of the other obllgattons or liabilities of the Contractor, the Contractor shall provide and matntaln until the contracted work has been completed and accepted by the Ct~y of Denton, Owner, the minimum insurance coverage as Indicated hereinafter As soon as practicable after nottficatlon of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, contatmng the bid number and title of the project Contractor may, upon wrltten request to the Purchastng Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prtor to bid openmg, since the msurance requirements may not be modified or waived after bid opening unless a wrttten exception has been submitted with the bid Contractor shah not commence any work or dehver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance poltctes proposed or obtained tn satisfaction of these reqmrements shall comply with the following general spectficattons, and shall be mamtamed tn comphance with these general specifications throughout the duration of the Contract, or longer, If so noted · Each policy shall be ~ssued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A · Any deductibles or self-~nsured retentions shall be declared in the bid proposal If requested by the C~ty, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officmls, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, elmm administration and defense expenses · Liability policies shall be endorsed to provide the following · . Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers oo That such insurance is primary to any other insurance available to the additional insured w~th respect to clmms covered under the pohcy and that th~s insurance apphes separately to each insured agmnst whom claim is made or suit is brought The inclusion of more than one insured shall not operate to ~ncrease the insurer's hm~t 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 DA YS ADVANCE WRITTEN NOTICE IS REQUIRED" Should any of the reqmred insurance be provided under a claims-made form, Contractor shall mmntmn such coverage continuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to clmms made after expiration of the contract shall be covered · Should any of the required insurance be provided under a form of coverage that ~ncludes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Ltabdlty Insurance Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty 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 Insurance pohctes proposed or obtained tn satisfaction of thts Contract shall addmonally comply with the following marked specifications, and shall be maintained tn comphance wtth these additional spectficattons throughout the duration of the Contract, or longer, if so noted [X] A General L~abdlty Insurance' General Liability insurance with combined single limits of not less than $1,000,000 shall be prowded and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Lmbdlty form (ISO Form CG 0001 current edition) is used · Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual habthty covering th~s contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, is not reqmred If the Comprehensive General Liability form (ISO Form GL 0002 Current Ethtlon and ISO Form GL 0404) ~s used, it shall include at least · Bodily injury and Property Damage Llabthty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habthty (preferably by endorsemem) covenng this contract, personal injury habthty and broad form property damage habthty [X] Automobile Lmbd~ty Insurance Contractor shall provide Commercial Automobile Liability ~nsurance with Combined Single Limits (CSL) of not less than $1,000,000 either in a s~ngle policy or in a combination of basic and umbrella or excess pohcles The policy will include bodily ~njury and property damage habthty arising om of the operation, mmntenance and use of all automobiles and mobile eqmpmant 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, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and mmntmn Worker's Compensation ~nsurance whmh, in adtht~on to meeting the minimum statutory requirements for issuance of such insurance, h~ts Employer's Lmblhty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational d~sease The C~ty need not be named as an "Additional Insured" but the insurer shall agree to wmve all rights of stlbmgatlon agmnst the City, ~ts officials, agents, employees and volunteers for any work performed for the City by the Named Insured For bmldlng or construction projects, the Contractor shall comply w~th the proms~ons of Attachment 1 ~n accordance wtth §406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) Owner's and Contractor's Protective Llabthty Insurance The Contractor shall obtain, pay for and maintain at all ttmcs during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Lmbthty msurance polmy naming the Cay as ~nsured for property damage and boddy injury whmh may arise m the prosecution of the work or Contractor's operations under th~s contract Coverage shall be on an "occurrence" basis, and the pohcy shall be ~ssucd by the same msurance company that camcs the Contractor's llab~hty insurance Pohcy hm~ts wxll bc at least __ combined bodily ~njury and property damage per occurrence w~th a aggregate F~re Damage Legal Liability Insurance Coverage ~s reqmred ff Broad form General Lmbthty ~s not promded or ts unavadable to the contractor or ff a contractor leases or rents a port,on of a Ctty braiding L~m~ts of not less than each occurrence are reqmred [ ] Professional Liability Insurance Professional habdlty insurance wtth hm~ts not less than per clmm w~th respect to neghgent acts, errors or omissions ~n connection wtth professional servmes ts reqmred under th~s Agreement [ ] BUdders' R~sk Insurance Bmlders' R~sk Insurance, on an All-R~sk form for 100% of the completed value shall be provided Such pohcy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other insurance may be reqmred on an mdtvtdual bas~s for extra hazardous contracts and specific service agreements If such add~ttonal tnsurance ts reqmred for a specffic contract, that reqmrement wdl be described m the "Specffic Cond~ttons" of the contract specifications ATTACHMENT 1 [X] Worker's Compensation Coverage for Braiding or Construction Projects for Governmental Entitles A Defimtlons Certfficate of coverage ('eertfficate")-A copy of a certfficate of ~nsurance, a certificate of authority to selfqnsure ~ssued 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 prowd~ng services on a project, for the duration of the project Duration of the project - ~ncludes the time from the beg~nmng of the work on the project untd the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons pmwdmg servmes on the project ("subcontractor" ~n §406 096) - includes all persons or ent~t~es performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s includes, w~thout hm~tat~on, ~ndependent contractors, subcontractors, leasing companies, motor earners, owner-operators, employees of any such entity, or employees of any entity whmh furmshes persons to prowde services on the project "Serwces" include, w~thout hm~tatlon, prov~dang, hauhng, or dehvermg eqmpment or materials, or prowdtng labor, transportation, or other service related to a project "Services' does not ~nelude act~wtles unrelated to the project, such as food/beverage vendors, office supply dehverles, and dehvery of portable toilets B The contractor shall provide coverage, based on proper repomng of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011 (44) for all employees of the Contractor prowdmg services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental enuty 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 certfficate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtmn from each person prowdlng services on a project, and provide 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 providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certfficate of coverage ends dunng the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mall or personal delivery, w~th~n 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prowd~ng serwces on the project that they are reqmred 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 it contracts to provide servmes on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of Its employees providing servmes on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage period, a new certfficate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duratmn of the project, (4) obtmn from each other person wath whom at contracts, and provide to the contractor (a) a certfficate of coverage, prior to the other person beg~nmng work on the project, and (b) a new cemficate of coverage showang extensaon of coverage, prior to the end of the coverage period, if the coverage peraod shown on the current certaficate of coverage ends dunng the durataon of the project, (5) retmn all reqmred certfficates of coverage on file for the duration of the project and for one year thereafter, (6) not~fy the governmental entity an wmang by certffied marl or personal dehvery, wathln 10 days after the person knew or should have known, of any change that materially affects the provasaon of coverage of any person providing services on the project, and (7) contractually require each person wath whom it contracts, to perform as required by paragraphs (1) - (7), w~th the certaficates of coverage to be provaded to the person for whom they are providing servaces J By sagmng thas contract or provadlng or causing to be prowded a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who will pmvade servaces on the project wall be covered by workers' compensatmn coverage for the durataon of the project, that the coverage will be based on proper reporting of classlficataon codes and payroll amounts, and that all coverage agreements wall be filed wath the appropriate ~nsurance carrier or, an the case of a selfqnsured, wath the commassaon's Davlslon of Self-Insurance Regulation Provadlng false or masleadang lnformataon may subject the contractor to admamstrat~ve penaltaes, cnmanal penaltaes, ClVd penalties, or other cavd actaons K, The contractor's failure to comply wath any of these provisions is a breach of contract by the contractor which entatles the governmental entity to declare the contract void ~f the contractor does not remedy the breach within ten days after receapt of notice of breach from the governmental entity B~d 2557 POWER TRANSFORMERCONTRACT & BOND & INS - 10 2000 Number 2557 BID PROPOSAL ADDENDUM # 1 city of Denton, Texas 901 A Texas St Purchasing Department Denton, Texas 76201 1 Power,Tramfonner 15/20/25 MVA, 138 kV Delta-13 2 kV Wye w~th 2 $~_~___~,o0 $~'~ 4~0 ao Load Tap Changer Dehvery July - Augast 2001 lA Power Trat~former (same as above) Price~ held flrm for one year 2 $~2~0o~o $ ~ We quote the above f mb delivered to Denton, Texas Shipment can be made an -- days from receipt of order Terms ne~/30 unless otherwise indicated In submitting the above bnl the vendor agrees that acceptance of any or all bid ttems by the City of Denton Texas w~tlun a reasonable period of ttme consntutes a comract The complete Btd Proposal must be properly prteed, signed and returned Marling Address B~dder/Company Bond No~ 929166113 PERI~ORMANCE BOND STAT~ OF T~ § COUNTY OF D~NTON § I~]OW ~.I'~L ~ BY ~ ~S ~t W~e~ha Elaine Svs~ ~r ~ ~pfl, ~ ~ion~l ~ire I~urance Compan S~ of T~, ~re~ ~ ~, ~ ~ ~ ~ o~ N~ H~ ~ Two ~o~ ~o~ H,,~ ~ ~/1~ DO~ (S 932,~) pl~ ~ m~ of ~ U~ S~, ~ ~ m ~n~n ~u~. T~, for ~ palm of which sm well ~d ~ m ~ ~. we ~by b~ ~elv~, o~ ~. e~rs. Ag~t w~h ~ ~ C~ ~e, but tn ~ ev~ s~ll a C~ ~r or Bo~ ~ OB~GATION TO PAY S~ is mndmon~ C~ of De~n. ~ ~K. ~ ~ ~ ~y of ~m~ A.D ~ , a ~ of w~ch ~ ~ a~ ~d ~ a ~ ~of. for ~ ~7 - Pow~ NOW. ~O~. if ~e ~al sMil w~l. ~ly ~ f~lly ~ a~ ~fill all of ~e u~emkin~, cov~n~, mm. co~fio~ ~ a~men~ of ~id Con~t m accord~ w~ ~c P~. Sp~ca~ ~ C~ Doc~ s~ll also well a~ ~ly ~ffom ~ ~1~ ~l ~ ~em~s, co~, ~m. h~ be mdc. ~ of w~ ~caUo~ ~ ~ Su~ ~ing he,by ~v~: ~. ff ~c epee wt~m e ~n~ of o~ (1) ~ ~om ~ ~ of final complenon aM fi~ ~p~ of ~ ~ m~g ~od ~ d~a~t or d~ct~y. ~ ~ obligation s~ll ~ void; o~he. it PROVIDED FUR.~, that if any lelal action be filed upon th~s Bond, exclusive ven~ shall lie in D~ton Count~, Sram of T~,u, AND PROVIDED FURT~ that th~ said Surety, for valu~ mc~w~i, hereby stipulates n.d &$rees that no change, extension of tune. air-rattan or addition to the terms of the Connect, or to tl~ Work to b~s peribnnnd ~hemunder, or to tl~ Plans, Sp~ctficaUons, Drawings, etc., aooompanying th~ sam~, shall in anywise alYect its obli~atlon on this Bond, and ~t does h~n~oy waive noUc~ of any such cimn~c, extenston of ~,m., alteration or addition to thc tmns of th~ ¢onm~, or to tl~ Work to b~ p~rfornmd thereunder, or to th~ Plans, Specifications, Drawings, This Bomt is ~iYell puntlint to th~ provisions of Chapter 2153 of tl~ Texa~ Oovemment Cod~, as an~, and an), othe~ applicable statures of the Sram of Texas Ti~ und~rsx~d and d~$t~nat~l ah~mt is hereby d~stgnated I~ thc S~ty h~rcm as th~ R~Side~t A~ilt ]I1 D~lt011 Cotlllt~ to whom ialy r~qtllSlte ilotlc~s may be dell¥~r~d n,d On whom s~'vtce of process nmi, be had ~matm's arising out of such sur~slup, as provtded by Article 7.19-1 of the Instltaace Co~, ¥~i~on's AnnOtated Civxl Statutes of tl~ Statn of Texas IN WITNESS I~-IEREOF, this tnsmm~nt is executed m 4 copies, each one which 8hall bu d~nn~d an original, this tl~ ~ da~ or O~to~er ,~000 ATTI~ST. PP, INC1PAL l,laukesha Company of Hartford , La~rence I~[-w'~idi~,' Texas ~eetdent: BY. .~enl: ATTORNEy:iN.FACT Ronda L. Pekel The Resident Agent of the Sur~t~ In Denton County, Texas for ileliYei%, of nott~ and ~r~ico of th~ process I~trsh USA Inc. ST]RI~$~TA. DDR,~SS. 1601 Elm St:rear:, Su:LCe 2100, Dallas, TX 75201 (NOTE Date of Performanct Bond rnmt b~ dat~ of Contract. If ~stdent A~ent ts not a corporation, give a p~rson ~ ~ name,) PB - Bond No. 929166113 PAYMI~qT BOND STATE OF TFO~ § COUNTY OF DI~NTON § KNOW ALL IvlEN BY TIi~E PRESENTS That Waukesha Elecmc ~V,.~n,. , whose eddress ~8 400 S. Prairie Ave.. Wnuk~., ~ h~,~gl~ercnlled ~lcJ~, ~ Nat::Lonal ~"t=e Tneu~.'e. nce ¢ompan~ o~ a corporaUon organized ~ uxlathlg under the lawa of the State of Connecticut:_, authorized to transact business in the State of Texas, as Surety, ate held and firmly bound unto thc City of Denton, a mumcipai coqmration org. n!._.~d and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporauons who may funush materials for, or perform labor upon, the building or Improvements hereinafter referred to, in tim penal sum of Nine Hundred Thirty Two Thousand Four Hundred no/100 DOLLARS ($9~2,400) in lawful moncy of the Umtcd States, to be paid in Denton, County, Texas, for the payment of winch sum well end truly to be made, we hereby bind oursclves, our betrs, executors, edminLqtrstors, succcs~sors, a~d asslsns, jointly and severally, firmly by these presents Th~ Bond shall automatically be Increased by the amount of any Change Order or Supplen~ntal A~eement which Increases the ConWact prtcc, but m no event shall a Change Order or Supplemental A~reement which reduces the Contract price decrease the panai suni of this Bond THE OBLIGATION TO PAY' SAM]~ is conditioned as follows W~ereas, the Principal entered Into a certain Contract, identified by Ordinance Number...2000-367, wtth thc C~ty of Denton, the Owner, dated the 3 dayof c._~ A D,__~, a copy of which is hereto attached and made a part hereof, for BID g255_?. Power NOW, THEREFORE, if the Prtnotpai shall well, truly and faithfully perform its duUcs and make prompt payment to all persons, firms, subcontractors, cot'perat~ons nnd claimants mpplym8 labor and/or material tn the prosecution of the Work provided for m said Contract and ~ny a~.d all duly authorized modifications of said Contract that may hereafter be made, not,ce of whw. h mothficattons to the Surety being hereby expressly waived, then this obligntton shall he void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, cxcluslve venue slu~il lie tn Demon County, Texas AND PROVIDED NURTHER, that the satd Surety, for value received, hereby stipulates and agrees that no change, extension of t.~me, altcratton or addition to the terms of the Con, rant, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawing, etc., accompanying the same, shall tn anywise affect ~ts obhRation on this Bond, and R does hereby waive not,ce of any sl~ch change, extension of t~me, alteratmn or adthtton to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spcctficattons, Drawings, etc PB.3 This Bond ~s gi~/en pursum~t to tim provisions of Chapter 2253 of th~ Texas Government Code, as amendS, and any o~r apphcable stztutes of thc State of T~xas, Tbs und~l~nc~ e~ dcs~namd age, at ~s hereby desk.ted by tb~ Surety l~rein as the Resident Agent in Denton County te whom nny requisite notices amy be dshvered and on whom servi~e of pro.as n~y be had m matters nmm~ out of such suretysinp, as provided by Am¢le 7,19-I of tl~ insuran~ Co~, Yet'non's Aanotat~d Civil Statutes of th~ State of Texas IN WITNESS WI-I]~.EOF, this imuument ~ executed in ¢ copes, ~ach one of w~ch sha~ b~ deemed .- on~, t~ the ~ d~ of~ ATTE3T. PRINCIPAL V / ~ Coun~ersisned National Fire Insurance Company o~ Ha.~t~or~ BY:~u~,~.. ~2' Lawrence W. Waldie, Texas Restden= BY' ~ ~'~, ~~ Agent ATTORNEY-IN-FACT Ronda L, Pekel The R~idem Agent of tl~ Surety in l~nton Count),, Texas for dehvery of notice and of the. process ~. Marsh USA Inc. STR~g-TADDP~SS ~50~ Elm S=rset, Suite 2~00, Dallas, TX 7520~ (NOTF,. Date of Payment Bond must ~ date of Contract. If Resident Agent t$ not a corporation, girt a l~r~n'~ narnt.) PB - 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Preeenta, That CONTINENTAL CASUALTY COMPANY an lll~no~s corporation NATIONAL FIRE iNSURANCE COMPANY OF HARTFORD a Connechcut corporation, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (harem collechvely called "the CCC Surety Companies") are duly organized and ex~st~ng corporahons hawng tha~r pnnclpal offices m the C~ty of Chicago, and State of Ill~no~s and that they do by wrtue of the s~gnature and seals harem affixed hereby make, constitute and appoint Drew Brach Bn~n Cook, Loretta A Peratt~ H David Hoovler James A Dawd¥, Ronda L Pekel Individually of Grand RapidsI MiChigan their true and lawful Attorney(s)-~n-Fact with full power and authority hereby conferred to s~gn seal and execute for and on their behalf bonds, undertaktng~ and other obligatory ~natrumenta of aim~lar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were s~gned by a duly authonzed officer of tha~r corporations and all the acts of said Attorney, pursuant to the authority hereby g~ven are hereby ratified and confirmed Th~s Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions, pnnted on the reverse hereof duly adopted, as Indicated, by the Boards of D~rectors of the corporahons In Witness Whereof, the CCC Surety Companies have caused these presents to be s~gned by their Group V~ce President and their corporate seals to be hereto affixed on th~s 9th day of June 2000 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA State of Illinois County of Cook, ss Marvin J Cash~on Group V~ce President On th~s ~th day of June 2000 before me personalty came Marvin J Ceshion, tome known who being by me duly sworn, d~d depose and say that he resides in the Crty of Chicago State of IIl~no~s that he ~s a Group V~ce President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described ~n and which executed the above Instrument, that he knows the seals of arid corporations, that the seals affixed to the said instrument are 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 his name thereto pursuant to like authonty and acknowledges same to be the act and deed of sa~d corporations eeeeeeeeeeeeeeeeeeeeeeeeeeee My Commission Expires September 17, 2001 D~ane Faulkner Notary Public CERTIFICATE I Mary A R~brkawsk~s, Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is st~ll in force and further certify that the By-Law and Resolution of the Board of D~ractors of each corporation pnnted on the reverse hereof are still in force In testimony whereof I have hereunto subscnbed my name and affixed the seals of the sa~d corporations th~s 3rd day of Ocf:ober 2000 NATIONAL FiRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA (Rev 10/1/97) Mary A R~b~kawsk~s Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY Th~s Power of Attorney is made and executed pursuant to and by authonty of the following By-Law duly adopted by the Board of D~rectors of the Company "Article IX--Execution of Documents Section 3 Appointment of Attorney-m-fact The Charrman of the Board of D~rectors the President or any Execuhve, Sen~or or Group V~oa President may, from bme to t~me appoint by written certificates attorneys-in-fact to act m behalf of the Company ~n the execution of policies of ~nsuranoa bonds undertakings and other obligatory ~nstrumects of like nature Such attomeys-~n-fact, subject to the I~mitations set forth ~n their respective certifioates of authority, shall have full power to b~nd the Company by their s~gnature and execubon of any such mstrumenta and to attach the seal of the Company thereto The Chairman of the Board of D~rectors, the President or any Executive, Sen~or or Group V~ce Pres~dect or the Board of D~ractors, may, at any time, revoke all power and authority previously given to any attorney-m-fact" This Power of Attorney ~s s~gned and sealed by facsimile under and by the authority 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 s~gnature of the President or any Executive, Sentor or Group V~ce President and the seal of the Company may be affixed by facs~m;le on any power of attorney granted pursuant to Secbon 3 of Article IX 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 faca~m~le to any certificate of any such power and any power or certificate beanng such facsimile s~gnature and seal shall be valid and bind;ng on the Company Any such power so executed and sealed and certified by oartifioate so executed and sealed shall, w~th respect to any bond or undertaking to which it ~s attached, continue to be valid and btnd~ng on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Th~s Power of Attorney ~s made and executed pursuant to and by authority of the follow~ng By-Law duly adopted by the Board of D~rectors of the Company "Article VI---Execution of Obligations end Appofntment of Attorney. In.Fact Section 2 Apbomtment of Attorney-~n-fact The Chairman of the Board of D~rectors the Prea~dent or any Execuhve Sen~or or Group V~oa President may, from t~me to time, appoint by wntten certificates attomeys-~n-fact to act in behalf of the Company m the execuhon of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys-m-fact, subject to the hmitabons set forth m tha~r respective certificates of authority, shall have full power to b~nd the Company by their s~gnature and execution of any such instruments and to attach the seal of the Company thereto The President or any Execuhve, Sen~or or Group V~ce President may at any time revoke all power and authority prewously given to any attorney.~n-fact" This Power of Attorney is s~gned and sealed by facsimile under and by the authedty of the following Reaolut~on 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 s~gnature of the President or any Executive, Sen~or or Group V~ca President and the seal of the Company may be affixed by faca~m~ta on any power of attomey granted pursuant to Section 2 of Article 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 certificate beanng such facsimile s~gceture and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by cert~fioate so executed and sealed shall, with respect to any pond or undertaking to which it ~s attached, continue to bo vahd and b~nding 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 following Resolution duly adopted on February 17 1993 by the Board of D~rectors of the Company 'RESOLVED That the Presrdent, an Executwe V~ce Pras~dent, or any Sen~or or Group V~ce Pres~pent of the Corporation may from t~me to t~me, appoint, by wntten certificates, Attorneys-m-Fact to act ~n behalf of the Corporahon m the execuhon of poltc~es of ~nsurance bonds, undertakings and other obligatory instruments of like nature Such Attorney-m-Fact, subject to the limitations set forth ~n their respective cart~ficates of authonty shall have full power to brnd the Corporation by their s~gnature and execution of any such instrument and to attach the seal of the Corporation thereto The President, an Executive V~ce President any Sen~or or Group Vice Pras~dent or the Board of D~rectors may at any t~me revoke all power and authonty previously g~ven to any Attomey-~n-Fact" Th~s Power of Attorney ts s~gned 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 meat~ng duly called and held on the 17th day of February 1993 "RESOLVED That the s~gnature of the President an Executive V~ce Pres~dect or any Senior or Group V~ce President and the seal of the Corporation may be affixed by faca~m~le on any power of attorney granted pursuant to the Resolution adopted by this Board of D~rectors on February 17 1993 and the s~gnature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any power or cert~floate bearing such facs~m~ta s~gnature and seal sharl be valid and binding on the Corporation Any such power so executed and eaaled and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which ~t ~s attached, continue to be valid and binding on the Corporation" Aon R~.sk Services, Inc of Mich~.~an ONLY AND CONFERS NO RIGHTS UPON THE CI~TIFICATE 171 Monroe Avenue ~ HOLDE~ ~IS CERTIFICA~ ~ES N~ ~E~, E~E~ OR - RE C~y o~ Deneon Bid $2557 See at~ached page for addxtional inbox=ion 901 - B TE~S ST~ET Ce~iflcate No , nnnnnn~o~ ~ Holder Identifler~ wa~ }CITY of DE Attachment to ACORD Certificate for: Waukesha Electric Systems - SPX Corporation The terms, conditions and prowsions noted below are hereby attached to the captioned cert~ficete as additional description of the coverage afforded by the insurer(s) This attal3hment does not contain ail terms, conditions, coverages or exclusions contained ~n the policy CITY of DENTON A USF&G ATTN DENISEHARPOOL B U, SF&GSpeclalt~Co 901 - B TEXAS STREET C DENTON TX 76201 D DESCRIPTION of OPERATIONS / LOCATIONS / VEHICLES~ Cont'd The cancellation provision on this Certificate of Insurance ~s amended as follows Sa~d policy shall not be cancelled, nonrenewed or materially changed* w~thout 30 days advanced written not,ce being g~ven to the owner (c~ty) except when the policy ~s being cancelled for nonpayment of premium ~n which case 10 days advance written not,ce ~s required *Mater~al Change means a significant reduction in the provisions of the policy or the limit of coverage for the policy in place today Additional Insured C~ty of Denton, its Officials, Agents, Employees and volunteers - only w~th respect to B~d #2557 - Power Transformer Authonzed Representative Aon Risk Services I THIS CI~TIFICATE I$ ISSUlfl) AS A MAT'rKK OF INFORMATION Aon Rxsk services, Inc of Michigan ONLY AND CONF~S NO I~GHTS UPONTHECERTIFICATE 171 Monroe Avenue NW HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR suxte 525 ALTER TIt~ COVERAGE AFFORDED BY TItE POLICIES BELOW Grand RaDlds MI 49503-2634 USA INSURERS AFFORDING CO%~RAGE Waukesha Elec=ric Systems INSUR~RB Muskegon MI 49443-3301 USA ~.CO VI~I~.AGE~.. - .... THE POLIC1 F=S OF IN sURANC~ LISTED B£LOW H AV~ B~EN lS$ UP/) TO THE INS ~ NAM~ ABOVE FOR TH~ POLICY PERIOD INDICATI~ NOTWITHSTANDING ANY M~Q~F. NT T-I~M OR CONDITION OF A NY CONTRACT O~ OTHER DOCUMENT W1TM RESPECT TO WHICH THIS C~RT[ HCAT~ Holder l,leatlfler ~/~.~, J~T¥ o~ D~ Certificate No Attachment to ACORD Certificate for: Wsukesha Electric Systems / SPX Corporation The terms, conditions and provisions noted below are hereby attached to the captioned certificate as addlbonal descnptlon of the coverage afforded by the ~nsurer(s) Th;e attachment does not contain all terms, conditions, coverages or exolus~ons contained in the )hcy _ _ ~ ~ ~ CERTIFICATE- HOLDER ~ ~ ~ COMPANIES AFF~ORDING COVERAGE .~ITY of DENTON A U S Fidelity & Guaranty Co A'i-TN DENISE HARPOOL B 901 - B TEXAS STREET C DENTON TX 76201 D ADDITIONAL POLICIES tf a policy below does not ~nclude limit mformat~on, refer to the corresponding policy on the ACORD certificate form for pol.cy hmtts Co Ty~e of Insurance Poll~y Number Policy Eft Policy Expir L~m~te ~' ~ ,~ Ltr =, Date Date A Norkers' Compensation & DRE2260400 1/1/00 1/1/01 $ .~mployer's Liability A Norkers' Compensation & XM0230045 1/1/00 1/1/01 $ -'mployer's Liabihty A Workers' Compensation & IC12225419900 1/1/00 I/1/01 $ =mployer's Liability A Workers' Compensation & DRE2260300 1/1/00 1/1/01 $ Employer's Liability A Workers' Compensation & DRE2260500 1/1/00 1/1/01 ErnpIoyer'~ Liab~hty All Workers' Compensation polmms descnbed on this Certfllcate of Insurance are subject to a Self Insured Retentmn of $350,000 - Each Claim - Workers' Compensatmn - Coverage A $350,000 - Each Claim - Employer's Liability - Coverage B $350,000 - Disease - Each Employee - Employer's L[ab~hty - Coverage B Limits of Llablhty shown for all Workers' Compensation policies described on th~s Certificate of Insurance are m excess of the Self Insured Retention limits shown above The cancellation provision on this Certificate of Insurance is amended as follows Sa~d pohcy shall not be cancelled, nonrenewed or materially changed* w~thout 30 days advance wntten notice bemg g~ven to the owner (city) except when the policy ~s being cancelled for nonpayment of premium m which case 10 days advance wntten notice ~s required *Material Change means a slgniflosnt reduction In the provisions of the policy or the limit of coverage for the policy in place today Waiver of Subrogation is moluded in Workers' Compensation pohoies described hereon Authorized Representative Aon Risk Services ,