HomeMy WebLinkAbout1999-017ORDINANCE NO -OI
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE PURCHASE OF A STEEL PLATFORM TRUCK SCALE, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE
DATE (BID #2312 — STEEL PLATFORM TRUCK SCALES AWARDED TO FAIRBANKS
SCALES IN THE AMOUNT OF $52,974)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2312 FAIRBANKS SCALES $ 52,974
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval �}
PASSED AND APPROVED this the 7 day of 1999
JAC M LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2312 STEEL PLATFORM TRUCK SCALES CONTRACT ORDINANCE
ATTACHMENT #1
TABULATION SHEET
BID #
2312
BID NAME
STEEL PLATFORM
Southcrest
Sooner
Sooner
Powell All
Fairbanks
Mettler
TRUCK SCALES
Corp
Scale
Scale
Steel
Scales
Toledo
Scales
Inc
DATE
a
0.98
TOTAL BID PRICE
$117,777
$52,723
$44,982
NO BID
$52,974
VENDOR
$58,628
$4,320
$5,040
CONCRETE
CONCRETE
RAMP
RAMP
BOND
YES
YES
YES
YES
YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 19 day of JANUARY A.D., 1999, by and
between CITY OF DENTON of the County of DENTON and State of Texas, acting through
MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed
"OWNER," and
FAIRBANKS SCALES
2626 MANANA - SUITE A
DALLAS, TX 75220
of the City of DALLAS County of DALLAS and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below
BID # 2312 - STEEL PLATFORM TRUCK SCALES
in the amount of $52,974 and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement, and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal attached hereto, and
in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in
CA-1
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
SOLID WASTE DEPARTMENT
all of which are made a part hereof and collectively evidence and constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the City of Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager
of the City of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
APPROVED AS TO FORM
CITY AMINEY
CA-3
FAIRBANKS SCALES INC.
CK4]211tMIN fCe77
2626 Manana - Ste. A
Dallas, TX 75220
MAILING ADDRESS
214-357-7497
PHONE NUMBER
214-351-4253
FAX NUMBER
BY —
TITLE CORPORATE CREDIT MANAGER
Michael D Smith
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Bond 190539843
KNOW ALL MEN BY THESE PRESENTS That FAIRBANKS SCALES, whose
address is 2626 MANANA - SUITE A, DALLAS, TX 75220, hereinafter called Principal,
and Continental Casualty Company , a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, in the penal sum of FIFTY TWO THOUSAND NINE HUNDRED SEVENTY
FOUR and no/100 DOLLARS ($52,974) 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
United 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, administrators, 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 conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 99-017, with the City of
Denton, the Owner, dated the 19 day of JANUARY A D 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2312 - STEEL PLATFORM TRUCK SCALES.
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 indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PROVIDED FURTHER, that if 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 tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of tune, 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 in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 19 day of JANUARY 1999
ATTEST PRINCIPAL
BY
SE T R� _
Fairbank Scales Inc
BY
PRESIDENT P
SURETY
Continent Casualty Company
AT RNEY-IN-FACT
Jay R Warner
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Douglas G Hotchkiss Hotchkiss Insurance Agency
STREET ADDRESS 16475 Dallas North Parkway, Suite 220, Dallas, Texas 75248
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CCC Surety Compareee'), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals harem affixed hereby make, constitute end appoint
their true and lawful Atborneye)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds
undertakings and other obligatory Instruments of similar nature
- In Unlimited Amounts -
and to bind them thejeby as fully and to the same extent ae If such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed
Thai Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof
duly adopted, as indicated, by the Boards of Directors of the corporations
In Wiliness Wh@rect, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 1 Sth day of September 1 1998
CONTINENTAL CASUALTY COMPANY
000"MmAre
oe NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERRICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
IYIT Y�11,� a � •_ \
Marvin J Cashion Group Vice President
State of Illinois County of Cook, as
On this f 8th day of September 1998 , before me personally came
Marvin J Cashion, to me�known, who, being by me duly awom, did depose and say that he resides in the City of Chicago State of Illinois, 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
seals of said corporations, that the seals afPoxed to the sold 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 signed his name thereto pursuant to like authority, and acknowledges some to
be the act and deed of said corporations
u� o Ia "
No�
My Commission Expires March 8, 2000 Mary Jo Abai Notary Public
CERTIFICATE
I, Mary A- Ribikowskis, 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 still In force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still In farce In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 19 day of January 1999
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
00WoxAtt AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
1 a
1 0 le"at
SPJ1L I VG..
1eaT
Mary A Ribikawslos Assistant Secretary
(Rev 10/1197)
Authonzing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the folkyMng By -Law duly adopted by the Board of Directors of
the Company
"Article IX —Execution of Documents
Section 3 Appointment of Attamey-In-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attomeys-In-fact to act in behalf of the Company in the execution of
policies of Insurance bonds, undertakings and other obligatory instruments of like nature Such attomeyimn-fect, subject to the limitations
set forth In their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
Instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President or any Executive, Senior
or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -In -fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Artois IX of the By -Laws, and the aWnsture of the Seorsury 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 bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and
certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and
binding on the Company
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA.
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company
"Article V-Execution of Obligations and Appointment of Attomeyan-Fast
Section 2 Appointment of Attorney-m-facL The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time appoint by written certificates attomeys-m-fact to act in behalf of the Company In the execution of
policies of Insurance, bonds, undertakings and other obligatory Instruments of like nature Such sttomeye4ri-fact, subject to the limitations
set forth in their respectve certificates of authority, shall have full power to bind the Company by their signature and execution of any such
Instruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney -in -fad "
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed xed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and
certified by certificate so executed and sealed shall with rasped to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company "
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
This Power of Attorney is made and executed pursuant to and by authority of the following 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 time, appoint, by written certificates, Attorneys -in -Fact to ad in behalf of the Corporation in the execution of poltotes of insurance, bonds,
undertakings and other obligatory instruments of like nature Such Attorney -in -Fad, subject to the limitations set forth in their reaped"
certificates of authority, shall have full power to bind 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 Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney -in -Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a 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 seal of the Corporation may be affixed by facsimile
to any certificate of any such pourer and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation 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 it is attached, continue to be valid and binding on the Corporation "
PAYMENT BOND Bond 190539843
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That FAIRBANKS SCALES, whose
address is 2626 MANANA — SUITE A, DALLAS, TX 75220, hereinafter called Principal,
and Continental Casualty Company , a corporation organized and
existing under the laws of the State of TEXAS, and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
FIFTY TWO THOUSAND NINE HUNDRED SEVENTY FOUR and no/100 DOLLARS
($52,974) 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, we hereby bind ourselves, our heirs,
executors, administrators, 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 conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 99-017, with the City of
Denton, the Owner, dated the 19 day of JANUARY A D. 1999, a copy of which is hereto
attached and made a part hereof, for BID # 2312 — STEEL PLATFORM TRUCK SCALES.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void, otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in 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, Specifications,
Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc
Iti:IIc?
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 herem as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which
shall be deemed an original, this the 19 day of JANUARY 1999.
M
PRINCIPAL
Fairbank Scales Inc
BY � '--------- e_�
PRESIDENT
SURETY
/Conti nent asual ty Company
ATT NEY-IN-FACT
Jay R Warner
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Douglas G Hotchkiss Hotchkiss Insurance Agency
STREET ADDRESS 16475 Dallas North Parkway, Suite 220, Dallas, Texas 75248
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
2312 CONTRACT & BONDS
BMW
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvanat
corporation (heroin collectively called 'the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
their true and lawful Attonney(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds,
undertakings and other obligatory Instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as If Such Instruments were sign
all the sots of said Attorney, pursuant to the authority hereby given are hereby ratified and
This Power of Attomey is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed an the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 16th day of September 1 1998
Oct
s16Us�._ CONTINENTAL CASUALTY COMPANY
"'v� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
V � AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
li 1Uj� i, 444p d�
Mervin J Cashion Group Vice President
State of Illinois County of Cook as
On this 18thme day of September 1998 , before me personally came
Marvin J Cashion known, who, being by me duly sworn, did depose and say that he resides in the City of Chicago State of Illinois, 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
seals of said 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 signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations
a a4j�
My Commissbn Expires March 6, 2000 Mary Jo Abel Notary Public
CERTIFICATE
I, Mary A Ribikawskle, 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 still In force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
the 19 day of January 1999
w CONTINENTAL CASUALTY COMPANY
,try NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
,e AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA
,won i
BFJLL r
Is > F
Mary A Ribikewskis Assistant Secretary
(Rev 1011/97)
Authonzfng By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company
"Article IX —Execution of Documents
Section 3 Appointment of Attorney-ri-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys -In -fact to out in behalf of the Company in the execution of
policies of Insurance bonds undertakings and other obligatory Instruments of like nature Such attorneys -in -Jett, subject to the limitations
set forth In their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
Instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors, the President or any Executive, Senior
or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affaed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
oerbficate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and
certified by certficate so executed and sealed shall, with respect to any bond or undertaking to which it Is attached, continue to be valid and
binding on the Company "
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA.
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company
"Article VI —Execution of Obligations and Appointment of Attomeydn-Fact
Section 2 Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of
policies of Insurance, bonds, undertakings and other obligatory instruments of like nature Such attomeye-In-fact, subject to the limitations
sat forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
Instruments and to attach the seal of the Company thereto The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomeydn-fact "
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI 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 bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and
certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
This Power of Attorney is made and executed pursuant to and by authority of the following 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 Corpombon may, from time
to time, 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 instruments of like nature Such Attorney -in -Fact, subject to the limitations set forth in their respective
certificates of authority, shall have full power to bind 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 Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney -in -Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a 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 seal of the Corporation may be atibced by facsimile
to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation Any such power so executed and sealed and certified by certificate so executed and seeded, shall with respect to any bond or
undertaking to which it is attached continue to be valid and binding on the Corporation "
S I GEL PLA I'PORM TRUCK SCALE
BID 'TABULATION SIIEET
WORK DAYS 30
BID NO 2312
1'O NO
rrki:
mr'scKIPTION
QUANI'I'I'Y
UNIT'
UNIT
TOTAL
PIUCE
1
Contractor's Warranties &
1
LS
Understandings,
3,804
Mobilization
Unit Prue in Words
2
1
$
$13,884
Truck Scale Foundation
LS
Unit Pruc in Words
11' x 100' Steel Platform
1
$
$
3
Truck Scale
LS
34,111
Unit Pricc in Words
4
Instrumentation &
1
LS
$
$ 1,170
Lightning Protection
Unit Pncc to Words
TOTAL
$52,974
TOTAL PRICE IN WORDS
Fifty Two Thousand (Vine Hundred Seventy -
Four Dollars
BID SUMMARY
mn-rAi ixrn UtaTrP TN WORTS
Fiftv Two Thousand Nine Hundred Seventy Four Dollars
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work
until final completion and acceptance, and to guarantee payment for all lawful claims for labor
performed and materials furnished in the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final
Unit and lump -sum prices as shown for each item listed in this proposal, shall control over
extensions
CONTRACTOR
BY
FAIRBANKS SCALES
Street Address 2626 A
DALLAS, TX 75220
City and State
Seal & Authorization \ 3 �? C
(If a Corporation) )
Td1 phone
EM
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to determine in advance of Bid submission the availability of insurance certificates
and endorsements as prescribed and provided herein. if an apparent low bidder
fails to comply strictly with the insurance requirements, that bidder may be
disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations which the successful bidder shall
have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor
shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City
of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements
shall comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the
Contract, or longer, if so noted
CI-1
Each policy shall be issued 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 -insured retentions shall be declared in the
bid proposal If requested by the City, the insurer shall reduce or
eliminate such deductibles or self -insured retentions with respect to the
City, its officials, agents, employees and volunteers, or, the contractor
shall procure a bond guaranteeing payment of losses and related
investigations, claim 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
That such insurance is primary to any other insurance
available to the additional insured with respect to claims covered
under the policy and that this insurance applies separately to each
insured against whom claim is made or suit is brought The
inclusion of more than one insured shall not operate to increase the
insurer's limit of liability
All policies shall be endorsed to provide thirty(30) days prior
written notice of cancellation, non -renewal or reduction in coverage
Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years
beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the
contract shall be covered.
Should any of the required insurance be provided under a form of
coverage that includes a general annual aggregate 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 Liability Insurance
CI-2
If the Comprehensive General Liability form (ISO Form GL 0002 Current _
Edition and ISO Form GL 0404) is used, it shall include at least
Bodily injury and Property Damage Liability for
premises, operations, products and completed operations,
independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures
Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury liability and
broad form property damage liability
[XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $1 Million ($1.000,000))
either in a single policy or in a combination of basic and umbrella or excess
policies The policy will include bodily injury and property damage liability
arising out of the operation, maintenance and use of all automobiles anti
mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy
endorsement for
any auto, or
all owned, hired and non -owned autos
[X 1 Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance
which, in addition to meeting the minimum statutory requirements for
issuance of such insurance, has Employer's Liability limits of at least
$100,000 for each accident, $100,000 per each employee, and a $500,000
policy limit for occupational disease The City need not be named as an
CI-4
Builders' Risk Insurance, on an All -Risk form for 100% of the completed
value shall be provided. Such policy shall include as "Named Insured" the
City of Denton and all subcontractors as their interests may appear
I i Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
ATTACHMENT
IX ) Worker's Compensation Coverage for Budding or Construction Projects for
Governmental Entities „
A Definitions
Certificate of coverage ("certificate") -A copy of a certificate of
insurance, 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 entity's employees providing services on a
project, for the duration of the project
Duration of the project - includes the time from the beginning of the
work on the project until the contractor's/person's work on the project
has been completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in
§406 096) - includes all persons or entities performing all or part of the
services the contractor has undertaken to perform on the project,
CI-6
regardless of whether that person contracted directly with the contractor
and regardless of whether that person has employees This includes,
without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such
entity, or employees of any entity which furnishes persons to provide
services on the project "Services" include, without limitation, providing
hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project "Services" does not
include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401 01 1(44) for all employees of the contractor providing
services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the
governmental entity prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must,
prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person providing 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 certificate of coverage ends
CI-7
during 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
mad or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision
of coverage of any person providing 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 providing services on the project that
they are required 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 it
contracts to provide services 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 requirements of Texas Labor Code, Section
401.01 1(44) for all of its employees providing services on the
project, for the duration of the project,
(2) provide to the contractor, prior to that person 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) provide the contractor, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project,
CI-8
AR�ORDTM CERTIFICATE OF LIABILITY INSURANCE
DATE (MMMIM
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOHMAI IO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT
S E D G W I C K O F M I S S 0 U R I I N C HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND (
2 6 0 0 G R A N D B L V D S U I T E 3 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
K A N S A S C I T Y, M 0 6 4 10 8 1 IMQI Inns AcrnnnlNr, rnVFRAr,F
INSURED - INSURERA C N A I n s u r a n c e
INSURER B
Fairbanks Scales Inc INSURERC
B 2 1 L o c u s t INSURER D
Kansas City MO 64106 INSURER
uvvcrwuco
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING,
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 01
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
L
— —__---
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER
G L 1 9 5 9 6 0 1 0 1
POLICY ECINE
ATE QM
1/ 1 1/ 9 9
1'OLICV E%PIMTON
DATrfMWODfYYI
I/ 1 1/ O1
LIMITS
EACH OCCURRENCE
_
$_ 1 0 0 0 O O O
FIRE DAMAGE (Anyone tire)
8-5 0 0 0 0
MED EXP (Any one person)
$_ _� Q_Q_
$ 1 0 0 0 0 0 O
r
CLAIMS MADE KJ OCCUR
PERSONAL A ADV INJURY
GENERAL AGGREGATE
$ 1 O O Q Q_QO_
_
_
PRODUCTS COMP/OP AGG
GEN L AGGREGATE LIMIT APPLIES PER
S 1Q_QQQQ fL
POLICY F7 ECT Fl LOC
AUTOMOBILE
X
UABIIITY
ANY AUTO
ALL OWNED AUTOS
B U A 1 9 5 9 6 0 1 4 6
All States ex Tex
p
T A a s 5 9 6 0 1 7 7
1/ 1 1/ 9 9
s
1/ 1 1/ 0 C
COMBINED SINGLE LIMIT
(Ea accIdenQ
$
BODILY INJURY
(Per Ramon)
$
_
SCHEDULED AUTOS
X
HIRED AUTOS
BODILY INJURY (Per accident)
$
—
X
NON OWNED AUTO
PROPERTY DAMAGE
(Per accident)
Is
BARREL LIABILITY
AUTO ONLY EA ACCIDENT
$
— --
OTHERTHAN EA ACC
$
ANVAUTO
$
--
AUTO ONLY AEG
EXCESS LIABILITY _
OCCUR [_] CLAIMS MADE
C U P 1 9 5 9 6 0 19 4
1/ 1 1/ 9 9
1/ 1 1/ 0
EACH OCCURENCE
$ 1 0 0 0 0 0 0
AGGREGATE
$ 1 0 0 0 O O O_
_
—
DEDUCTIBLE
X RETENTION $ 1 0 0 0 O
WORKERS COMPENSATION AND
EMPLOYERS UABIUTY
W C 1 9 5 9 6 0 0 8 2
( G A, M I, M N, N J, O R, S
W C 1 9 5 9 6 0 2 2 7
(All Other States
1/ 1 1/ 9 9
, W I )
ex M o n o p
1/ 1 1/ 0 i
llstt c)
X oEiys U OTH
EL EACH ACCIDENT
10 0 0 0 0 0
S I Q1) O O (Tu
_$
E L DISEASE EACH EMPLOYE
E L DISEASE POLICY LIMIT
$ 1000000
OTHER
UFSCRIPIION OF OPERATO A710NSNEIIICLES/IXCLUSIONS ADDEDENDORSEMENTS/SPECIAL PROVISIONS •BadHwlcN is nollWlnH e"cluviuns or Bpeclel PrMelans
City of Denton Is addItIGna1 Insured under general liability with
respect to scale work performed by the Insured as required by contract
or agreement, per policy provisions
CERTIFICATE HOLDER ADDmoNALINSURED INSURERLETTER Ur luc's^'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THIS E%PIRATION
DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO MALL
C I t y o f D e n t o IT IMPOSE NO OBLIGATION OR LIABILITY OF ANY RAND UPON THE INSURER, ITS AGENTS On
Purchasing Dept
9 0 1 - B Texas Street REPRESENrAI
Denton, TX 76201 AURHOWM HEYMSPIWATIVE
ACORD 25-S (7797) Page 1 of 2 - �(c)AEORD CORPORATION 1M
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORD 25-S (7/97) Page 2 of 2
/9b
F•�
UNITED STATES AND CANADIAN WARRANTY
Fairbanks Scales Inc (the "Company") warrants and agrees that if, within two years after installation or 30 months from
the date of shipment, whichever occurs first, any part manufactured by the Company should fail because of defective
material or workmanship in its manufacture and the Company be notified promptly in writing of the nature of the defect,
the Company will, (if Buyer's account with the Company is then and remains current), repair, replace such part, free of
charge, provided the Buyer pays travel expense to and from the nearest Fairbanks Scales Customer Support Center, or
Fairbanks Authorized Distributor, in the case of a replacement, shipping expenses from its factory (Travel charges and
shipping expenses so incurred during the first 30 days following installation will be paid by the Company It is the
Company's sole discretion whether to replace or repair the scale covered under this warranty The Company reserves
the right to replace any defective part or product with a repaired part or product from its warranty stock
Not withstanding anything contained herein to the contrary, this warranty is voidable at the discretion of the company
if the product has been installed by anyone other than the Company or an authorized distributor of the Company or
subject to misuse, neglect handling, accident or improper repairs or modifications
Any warranties with respect to machinery, apparatus, accessories, articles or materials not manufactured by the Company
shall be limited to those of the respective manufacturer thereof, if any, which the Company may be permitted to pass
on to the Buyer Under this provision, the Company will be deemed to have manufactured only those articles bearing
the Company's name -plate or trademark
THE COMPANY'S WARRANTIES AS SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF, AND
BUYER HEREBY WAIVES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE
UNDER NO CIRCUMSTANCES SHALL THE COMPANY HAVE ANY LIABILITY FOR LIQUIDATED
DAMAGES OR FOR INCIDENTAL, COLLATERAL, CONSEQUENTIALOR SPECIAL DAMAGES OR FOR THE
LOSS OF PROFITS, OR FOR ACTUAL LOSSES OR FOR LOSS OF PRODUCTION OR PROGRESS OF
CONSTRUCTION, WHETHER RESULTING FROM DELAYS IN DELIVERY OR PERFORMANCE, BREACH OF
WARRANTY, CLAIMS OF INCORRECT WEIGHING, CLAIMS OF OR FOR NEGLIGENT MANUFACTURE,
ACTS OF GOD, OR OTHERWISE THE AGGREGATE TOTAL LIABILITY OF THE COMPANY UNDER THIS
CONTRACT, WHETHER FOR BREACH OF WARRANTY OR OTHERWISE, SHALL IN NO EVENT EXCEED
THE CONTRACT PRICE BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM
ALL CLAIMS BY THIRD PARTIES, WHETHER FOR BUSINESS LOSS, PERSONAL INJURY OR OTHERWISE,
WHICH EXTEND BEYOND THE FOREGOING LIMITATIONS ON THE COMPANY'S LIABILITY
W0030 1n" MI
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ACQRPw CERTIFICATE OF LIABILITY INSURANCE
DATE (A MMOMYT
SEDGWICK OF M I S S O U R I, INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2 6 0 0 GRAND BLVD SUITE 3 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
K A N S A S C I T Y, M 0 6 4 1 0 8 INSURERS AFFORDING COVERAGE
1481HiED INSURER A
CNA/Insurance
INSURER B
Fairbanks Scales Inc INSURER
8 2 1 L o c u s t INSURER
Kansas City MO 64106 INSURER
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANCI`
ANY nEGUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SLC-
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
BIER
TYPE Or aIeUIUVICE
POLICY N1MMM
LIMITS
GENERAL LIABILITY
G L 1 9 5 9 6 0 1 0 1
1/ 1 1/ 9 9
1/ 1 1/ 0
EACH OCCURRENCE
i 1 0 0 0 0 J
COMMERCIAL GENERAI UABILITY
CLAIMS MADE Exi OCCUR
FIRE DAMAGE (Any one Me)
i 5 0 0 C 0
MED EXP ( Any one person)
E —5 Q 1-1�_
PERSONAL a ADV INJURY
S 1 0 0 0 0 0 0
GENERAL AGGREGATE
E 1 0 0 0 0 0 0
GEN L AGGREGATE UMITT APPLIES PER
PRODUCTS-0OMP/OP AGO
i
POLICY JLPCT LOC
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
B U A 1 9 5 9 6 0 1 4 6
A I I S t a t e s e x TeX
J U 0 ld gi 5 9 6 0 1 7 7
1/ 1 1/ 9 9
s
1/ 1 1/ 01
COMBINED SINGLE LIMIT
(Be.1denl)
S
BODILY INJURY
(Per person)
E
BODILY INJURY
(Per accident)
i
X
X
HIRED AUTOS
NON OWNED AUTO
PROPERTY DAMAGE
(Per accident)
S•
GARAGEINBIUIY
AUTOONLY EAACCIDENT
S
ANY AUTO
--
OTHER THAN EA ACO
i
S
AUTO ONLY AGO
FXCFMLUOUTY
OCCUR L ]CLAIMS MADE
JJ
C U P 19 5 9 6 0 19 4
1/ 1 1/ 9 9
1/ 1 1/ 0
EACH OCCURENCE
i 1 0 0 0 0 0 0
AGGREGATE
$ O O O —00--
S
S
DEDUCTIBLE
S
X RETENTION i 1 0 0 0 0
wonme comPENBARON AND
W C 1 9 5 9 6 0 0 8 2
1 1 1 9 9
1/ 1 1 0
EMPLOYERT Uneprn
(G A, M I, N N, N J, O R, S
, W I)
E L EACH ACCIDENT
E 1 0 0 0 0 0 0
W C 19 5 9 6 0 2 2 7
(All Other States
ex Nonop
listic)
C L DI8EA8E EACH EMPLOYE
S
E L DISEASE POUCY LIMIT
i 1000000
OTHER
UCSUVIIONOFOPEINTNTNSAIMIKIN MIKXEBIEXCVJMMSADDEDFNDORSEMENnLWBMgLPRDVI810Ne •esdgwkk iv nollMhg mMwkmaBps4alPmMlone
City of Denton is additional insured under general liability with
respect to scale work performed by the insured as required by contract
or agraainant,par policy provisions SEE ATTACHED CANCELLATION ADDENDUM
CERTIFICATE HOLDER I I AWRoNALINmsyAINBUNEAEEnEFt CANCELLATION
City of Denton
Purchasing Dept
9 0 1 - B Texas Street
Denton, TX 76201
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THIS EXPIRATION
DATE THEREOF THE MUM 04KOM WILL ENDEAVOR TO MAL 3 0 DAYS WRITTEN
NOTICE TO THE CLRIIFlCATE HOLDER NAMED TO THE LEFT BUT FADURETO LID SO SHALL
IMPOSE NO OBIjMVBW'% UABRUTY OF ANY MD UPON THE INSURER, ITS AGENTS OR
ACORD 25-8 (7197) Pepe t of 2 4
(0)AUU19J UUIHPUHAI IUN 19M
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such andorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORD 25-S (7/97) Page 2 of 2
CANCELLATION ADDENDUM
Should any of the policies certified on the Certificate of Insurance to which this Addendum is
attached be cancelled or non -renewed before the expiration date thereof, the issuing Company
will mail 30 days written notice to the Certificate Holder named thereon, except in case of
non-payment of premium 10 dates notice will be given