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1985-1620931, NO tQJ~- //nom AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 ordinanes, 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 therefore, and WHEREAS, Section 2 36 (f) of that the City Council approve $3,000, and the Code of Ordinances requires all expenditures of more than WHEREAS, Section 2 09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, 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 Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9489 Cutler Repaving, Inc $521,393 25 SECTION II That the acceptance and approval of the above competititve 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, after notification of the award of the bid SECTION III That the City Manager is hereby authorzied to excecute 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 PAGE ONE terms, conditions, plans and specifications, standards, quantitites 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 20th day of August, 1985 i AUCU ARD 0 EW , MAYOR CIT OFD TON, TEXAS ATTEST C 0 ALLEN, CITY SECRETINY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE TWO DATE August 20, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9489 ASPHALT REPAVING RECOMMENDATION We recommend this bid be awarded to the low bidder meeting the specification and conditions of the bid, Cutler Repaving, Inc , for the contract bid price of $521,393 25 SUMMARY This bid was sent to several vendors, and we received three bids The low bid of Calvert Paving does not meet the specifications (See attached memo from Engineering Department The bids came in with a $100,000 to $125,000 difference between each bid We usually have bids closer to each other or more competitive BACKGROUND Tabulation Sheet Engineering Department Memo PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Street Bond Program FISCAL IMPACT There is no fiscal impact on the General Fund Respectfully submitted G Chris Hartung City Manager Prepared by ame -John J Marshall, C P M Title Purchasing Agent Approved NS me Jo'hn J Marshall,C P M Turtle Purchasing Agent ~ ( ] O H H n e~ d d o z Q C H K as r ° ~ ~ cr a d C N _ .Q co C H a ~ m m :1- m W In H H o z z C 0 z 41 n W M C r Z C N d = Z m O m ;v O O N V C A n m C N z a r- W d m . C) m C) m ;d x 0 z 0 0 x z d 0 z 0 0 a ~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 MEMORANDUM DATE August 12, 1985 TO John Marshall, Purchasing Agent FROM Jerry Clark, City Engineer SUBJECT Bid #9489 - Repaving Program 85-1 The bid should be awarded to Cutler Repaving with a bid of $571,393 25 The bid of Calvert Paving was rejected after consultation with the legal department since the process of "Bob Hagberg" does not meet specifications in the following areas 1 Radiant heat - Hagberg uses direct heat 2 Scarification racks capable of 1/4" tolerance - Hagberg uses spring load - tooth harrows that pop up when they hit a hard object 3 The binding (rejuvenating agent) is to be mixed thoroughly Hagberg sprays it on with no mixing 4 Specifications call for single train (one) machine Hagberg uses three (3) separate machines This causes several problems a Traffic - the process is longer so traffic is effected more b Quality - with several machines the processes function independently which causes problems with heat, rejuvenation and street shape In conclusion, the bid should be awarded to the low bidder meeting the specifications provided for the job Our specifications are the same as Austins, Irving and Arlington None of these cities allow Hagberg to receive bid awards on page 2 of 2 pages "repaving" projects He is a heater w o s ould only bid those projects reputation which has been built from with area cities C~l Je r C1 k, P E Ci En i eer is #0304E scarification contractor s cutler has a good several years of working AU G 12 1985 Oft - Ut UNION PURCHASING DEPT CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF Denton g S BID #9489 Y5-1&a THIS AGREEMENT, made and entered into this 21 day of August A.D., 19 85 , by and between The City of Denton Texas of the County of .Denton and State of Texas, acting tnrough Rick Svehla, Acting City Manager thereunto duly authorized so to do, Party of the First Part, nereinafter termed the OWNER, and Cutler Repaving, Inc. P.O. Box 3246, 921 East 27 th Street. Lawrence, KS. 66046 of the City of Lawrence County of and state of Kansas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date nerewitn, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Bid #9489 1985 Paving Program Project #85-1 Purchase Order # 6 605 for $521,393.25 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 said construction, 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 accordance with the plans, whicn includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore,as prepared by Jerry Clark, City Engineer all of which are made a part hereof and. collectively evidence. and constitute the entire contract. CA-1 Tne CONTRACTOR hereby agrees to commence work on or after the date estaolisned 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 sucn 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, wnicn forms a part of this contract, sucn payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton, Texas Party of the First Part, OWNER By Rick Svehla Cutler Repaving, Inc. Party of Second Part, (Contractor) BY `yam l APPROVED AS TO FORM: /09/K., LL, ~nvr c City Attorney President-W" s - CA-2 BID i9489 PROPOSAL TO THE CITY OF 0ENTON, TEXAS. For the Construction of Repave Contract 1985-1 IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that ne has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that ne will provide all the necessary labor, machinery, tools, apparatus,. and other. items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased. or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that the work is to be completed in full within sixty (60) working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five.percent of the total Did. It is understood that the bid security, accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for .damages due to delay, and other. inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all oids. The undersigned hereby proposes of whatever nature required, plans and specifications, for wit: and agrees to perform all work in strict accordance with the the following sum or, prices, to P - 2 5 e BID SUMMARY - TOTAL HID PRICE IN WORDS Five Hundred Twenty-one Thousand. Three Hundred Ninety-three Dollars and Twenty-five Cents. 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. CUTLRR RRPAVTN(:_ TNC_ CONTRACTOR President P.O. Box 3246 921 East 27th Street Street Address Lawrence, KS 66046 Citv and State Seal & Authorization potation) If f~ ti s 913/843-1524 Telephone P - 3 Bid # 9489 NO 11 60 working days City of Denton Asphalt Repave (1985-1) Bid Tabulation Sheets Item 11-12 11-12 (B) 11-14 11-19 (A) 11-19 (B) 11-20 Asphalt Repave Emulsified Asphalt with. Rejuvenating Agent Heater/Scarification Adjust Sewer Manhole Adjust Water Valve Asphalt Patch TOTAL 7,173 14,400 143,500 45 71 750 I Unit I I Unit I Price I .-"Total I TONS I S 32.75 I 1 $234,915.75 GAL I I $ 1.20 I I $ 17,280.00 I I. SY I $ - 1.28 I 1 $183,680.00 EA I $ I 287.50 I $ 12,937.50 I I EA I I $ 230.00 I S 16,330.00 I I ron ( $ 75.00 I $ 56,250.00 I I I $521,393.25 I ONE" Addendums Received 1274g P - 4 9 City of Denton Asphalt Repave Quantity Sheet I Adj ustments I I. I I I Asphalt ISew.l I-Telel I Street I From I To 1 S. Yard I MH 1 WV I MH I I 11 Carroll ► Northridge I Ross 1 9,633 1 5 1 .8 1 1. 0 1 ►Z Hercules I Picadilly I Sneraton 1 4,332 ► 0 1 - 5 1 .0,1. Ij Hercules I Redstone I-Stuart 1 81122 1 1 1 0 1 0 1 Stuart I Kings Row I Coronado I 14,353 111 1 13 1 0 1 IS Stuart I dercules I Kings Row ► 61311 I U I 2 I 0 I Y Mingo I Withers I Mockingbird I 25,814 1 5 1 1 1 1 I 17 Old North Rd. I University I Mill Pond 1 10,222 1 2 1 6 I 0 1 K Greenwood I Laurelwood I Cnerrywood I 14,978 1 0 1 0 I 0 1 q Greenwood I Cnerrywood I Sherman I 2,.431 1 3 1 2 I 0 I IoRobinwood I Emerson I University I 12,217 1 4 1 12 10 1 nKings Row I Sherman I Yorkshire ( 6,492 I -3 1 3 1 0 1 IP Hollyhill I Ridgecrest I Tennyson I 20,299 1 9 1 12 10 I If3Audra Lane I I McKinney I I End of Divide I I 81261 12 I 7 I 0 I I I I TOTALS I 1143.465 I I ( 45 1 71 I I 11 1 143,4bb SY X100 LB/SY - 7113 tons 127Ug P'_ 5 PERFORMANCE BOND STATE OF TEXAS 3 COUNTY OF Denton § KNOW ALL MEN BY THESE PRESENTS: That Cutler Repaving, Inc. of the City o f Lawrence County of n ~aG and State of Kansas , as principal, and The Western Casualty ;,and Surety Company authorized under the laws of the State of Texas to act as surety on oonds for principals, are held and firmly bound unto The City of Denton , in the penal sum of Five hundred twenty one thousand three hundred ninety three &25/106%ilars. 521,393.25 ) for the payment whereof, the said Principal and Surety bind themselves, and their neirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal nas entered into a certain written contract with the City of Denton, of August 19 85 referred to and made a part hereof extent as if copied at length herein, dated the 21 day to which contract is hereby as fully and to the same NOW, THEREFORE, THE CONDITION OE THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto. annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to. the.same extent as if it were copied at length herein. PB - 1 Y Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings 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 oe performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 26th. day of August 19 85 Cutler Repaving, Inc. - t PRINCIPAL a,y~ , Title'~ :S !D - A- -T ^1` ~>s . Q n x ~A: `dd r e's 3a~FL ,t I = , oC / 5 / ✓L C L / Lgwjq c (L_- z S ~Go The Western Casualty and Surety Company SURETY r`> 4 ~=1 By _ ~,l.J rg 0"-C: F4:2x John M. e itie lpv_ Address:.U Hussey Insurance Agency, Inc. _Suite 1212. Merchants Bank Bldg Topeka, Kansas 66612 The name and address of the Resident Agent of Surety is:- Mr. James E. Dillingham. The Western Insurance Companies 5505 Cork Lane P. 0. Box 9000, Texarkana, Texas 75501 PB - 2 POWER OF ATTORNEY The Western Casualty and Surety Company HOME OMCE-PORT SCOTT, KANSAS KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant, to the following Bylaw, which was adopted by the Stockholders of the said Company on December 2, 1953, to-wit: 'Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contractsof indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the secretary shall also have power at any time to remove and revoke the authority of any such appointee.' does hereby nominate, constitute and appoint John M. Koger or John M. Koger, Jr. or Eugene F. Konzem of Topeka, Kansas its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: Any and all bonds and undertakings. Provided, No authority is extended for the execution of Open Penalty Bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as. fully and amply,' to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The tollowmg Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held on the 10th day of November, 1970: - 'RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws; and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents tribe signed by its Vice-President, and its corporate seal to be hereunto affixed this 25th day of.. QCtPber..... ,19..84.......... THE WESTERN CASUALTY AND SURETY COMPANY g@ ~ys.« e W ' s... I STATE OF KANSAS By COUNTY OF BOURBON Ss Vice President On this .........25th. day of .....Q.Qtob2r......... A. D., 19.24...., before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came J...... F... Heim.., Vi......ce...President ofTHEWESTERN - CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas to me personally known to be' the individual and officer described in, and who exe- cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above written. 9 NOT/,xY~~- My appointment expires September 5, 1988 j Yvnm Notary Public. - 3 04 ro m G. R. Cantrell 1, -t- Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY,-dory hereby certify thathe above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUMLTY`AND' a, . SURETY COMPANY, which is still in full force and effect. - - ` IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this . ............26th `h :day of, -P J /W ~2 7 ~ I August . 19 $5 V W r - - Assistant Secretary. ' t- v. FORM FS 5890-R7 _ ~ ~'j'•'~--$'~_-; PAYMENT BOND STATE OF TEXAS 9 COUNTY OF Denton § KNOW ALL MEN BY THESE PRESENTS: of th County of Douglas , and as Principal, and The Wes tern Casual authorized under the laws of the Surety on bonds for principals, are That Cutler Repaving, Inc. e City of Lawrence the State of Kansas sand Surety Company State of Texas to act as held and firmly bound unto The City of Denton, Texas, in the penal sum of Five hundred twenty one thous three hundred ninety three&2Yipyars (S 521,393.25 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, . administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 21 day of August 191. 85 , to which contract is hereby referred to and made a part nereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying laoor and material to nim or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect;. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56tn Legislature, Regular Session, 1959, and all liabilities on this bond shall he determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings 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. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this26th day of August 1 Q.w RSe..... S' Cutler Repaving, Inc. - The Western Casualty and Sure ~rncipal ur t en, V = ` DAD DD / i ~ t 124 John M. Ti - ile Attorney-iUr'Fact Address Qox 3-246, Address ga ' ~C 7~ g TQL'~? -Hussey Insurance Agency, Inc. Su to Merc ants Bank Bldg. L tl N eC= A ~s 6C0Topeka, Kansas 66612 V ~ c (SEAL) (SEAL) ° c The name and address of the Resident Agent of Surety isr PB-4 POWER OF ATTORNEY The Western Casualty and Surety Company HOME OFFICE -FORT SCOTT, KANSAS . KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant, to the following Bylaw, which was adopted by the Stockholders of the said Company on December 2, 1953, to-wit: 'Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and authority to appoint resi dent vice presidents, resI dent assistant secretaries and attorneys-in-fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the secretary shall also have power at any time to remove and revoke the authority of any such appointee.' does hereby nominate, constitute and appoint John M. Koger or John M. Koger, Jr. or Eugene F. Konzem of Topeka, Kansas its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: Any and all bonds and undertakings. Provided, No authority is extended for the execution of Open Penalty Bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The rollowmg Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Swety Company, held on the 10th day of November, 1970: "RESOLVED, That the signatures of officers of the Company and the seal ofthe Company may be affixed by facsimi le to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws; and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship In which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this _ ....................25th.. day of............... Qcto . ber.....__...........,19..$4......_.. THE WESTERN CASUALTY AND SURETY COMPANY ~YB.. Y SmsE STATE OF KANSAS By COUNTY OF BOURBON ss - Vice President On this......... 5th_day of 9Ct4bEK......... A. D., 19..84...., before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came J....' F. Heim, Vice .............id......e......nt . of THE WESTERN ........'to' ..................'id'u'.....Pres CASUALTY AND AND. SURETY TY COMPANY, of Fort Scott, Kansas to me personally known be the indivitlual and officer described in, and who exe- cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above written. A >90* MOTx3Y My appointment expires September 5, 1988 ,Wdoor?~~ I - I PUBLIC Notary Public. G. Cantrell . Assistant Secretary of THE WESTERN CASUALTY AND SURETY~COMPANXjdoh hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTER NCASUALTYEAND~ ` SURETY COMPANY, which is still ,in full force and effect. ' 4~ 72 IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this .,day of 19 ...85......... t 44 SEA SEA Assistant Secretary- ' FORM FS 6390-R? MAINTENANCE BOND THE STATE OF TEXAS'S COUNTY. OF, DENTON S KNOW ALL MEN BY THESE PRESENTS: That Curler Renavin Tnc as Principal, and. _ The Western Casualty and Surety ComDan a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of Fifty two thousand one hundred thirty nine 52.139.00 the said sum being ten (10%) percent of the total amount of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build .and construct Bid 419489 1985 Paving Program Project 1185-1 Purchase Order 4169605 for $521,393.25 which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorpo- rated herein by reference and made a part hereof as though the same were written and set out in full herein; NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year-from the date of acceptance in writing by the City of Denton and do all titaTVmt+te awt !`1S mn"t - nAv' note. necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in duplicate, each one of which shall be deemed an original, this the 26th day of August , A.D., 19 g, SURETY PRINCIPAL BY: Attorney-in-F c: 5 - + n^ MAINTENANCE BOND - PAGE TWO POWER OF ATTORNEY The Western Casualty and Surety Company HOME OFFICE-FORS SCOTT, KANSAS KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant. to the following Bylaw, which was adopted by the Stockholders of the said Company on December 2, 1953, to-wit: "Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, iecognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the secretary shall also have power at any time to remove and revoke the authority of any such appointee.' does hereby nominate, constitute and appoint John M. Koger or John M. Koger, Jr. or Eugene F. Konzem _ of Topeka, Kansas its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: Any and all bonds and undertakings. Provided, No authority is extended for the execution of Open Penalty Bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, Slate of Kansas, in their own proper persons. The following Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held on the 10th day of November, 1970: `RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws; and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship fn which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this ...............................5th ._........day ot..... Q..ctgiber .....................19..84.......... THE WESTERN CASUALTY AND SURETY COMPANY ~ V SEAL Y J STATE OF KANSAS - By COUNTY OF BOURBON ss Vice President On this......... 25th. day of .........................9.9. tvber......... A. D., 19..84...., before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came J F. He......im.., Vi...c...e ....Pres............ident..... of THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who exe- cuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer ofthe Company aforesaid, and that theseal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now In force. , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above written. {C t NOTA9Y 9QY , My appointment expires September S, 1988 1;i0K:::;e100041r,4 ~I .v- Notary Public. zy. " G, R. Cantrell ~ f I, Assistant Secretary of THE WESTERN CASUALTY AND SURE _4C OMPANY; do"- hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN:CASUAL TY -AND-' SURETY COMPANY, which is still in full force and effect. - a_', Y 6th IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this.................................... 2.................•,..• ^ . day of~ August 85 /,f( • i T SEAL Assistant Secretary. }eM:r FORM FS 5990-R7 CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY 1. WORKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE.GENERAL LIABILITY Bodily Injury $300,000 $1,000,000 Each occurance Aggregate, Property Damage $100,000 Each accident III COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury Property Damage $300,000 Each person $100,000 Each accident $1,000,000 Each accident A. In addition to the insurance described. aoove, the Contractor shall. obtain at his expense an OWNER'S PROTECTIVE LIABILITY°INSURANCE POLICY with the following limits: BODILY INJURY $300,000 each person $300,000 each accident PROPERTY DAMAGE $100,000 each accident $1,000,000 aggregate. Covering. the work to be' performed by the Contractor for the City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to. which tnis insurance applies. The City of Denton will be listed on all policies as an additional named insured. 0437g CI-1 09/03/85 UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Calvin, Eddy E Ka ppe I man , Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1290 Lawrence, Kansas 66044 COMPANIES AFFORDING COVERAGE COMPANY A Westchester Fire Insurance Company COMPANY U i d S INSURED TER LET B n te tates Fire Insurance Company Cutler Repaving, Inc. P.O. Box 3246 COMPANY LETTER C The Travelers Lawrence, Kansas 66044 COMPANY LETTER P OMANY C E LETT ER THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUEOTOTHE 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 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. YJ CO TYPE OF INSURANCE POLICY NUMBER POUF =I)VC i PD. ICY EXPtilATION .C LIABILITY LIMITS IN THOUSANDS LTA DATE IN MrDDDDNYI DATE (MAINM1) +g EACH kd G „..~•ait OCCURRENCE REGATE AG GENERAL LIABILITY BODILY ' e _ 4 COMPREHENSIVE FORM, INJURY $ $ , ' RATIONS UNDERGROUND PROPER TY $ $ B ExPLOSION aA z COLLAPSE HAZARD EXPLOSION 4 DAMAGE DAMAGE PRODUCTS/COMPLETED OPERAI 5 0 640 457 1 -1-85 8-1-86 IONS CONTRACTUAL 61&PDED $ $ INDEPENDENT CONTRACTORS SOO SOO BROAD FORM PROPERTY DAMAGE I ? rr~a~J k'-iYJUP1 `PERBOt;A~iNTRY_i r ~ S' A UTOMOBILE LIABILITY IODLY Ii ANY AUTO I JURT (KR RER 9%I $ 4 1 ~t. ALL OWNED WTOS (PRI , PASS.) 6ryJ., U" A ALL OWNED AUTOS (OTHER THAN PRIV. PASS InrJB4 IP'_R u'uoEn1 $ ..'F HIRED AUTOS 130 402 980 9 8-1-85 8-1-86 PROPERTY J ~ Nov owtiED autos DAMAGE s€ ~ ~ GARAGE LIABILITY " ~ ~ ± p,✓ M 4 I., _ BI & PD COMBINED $ 1 OOO . g " N'~S^ ° y , EXCESS LIABILITY B UMBRELLAFORM• 523 361 746 8 8-1-85 8-1-86 81 a PD C OMBINED ED $ $ i. OTHER THAN UMBRELLA FORM 1 0, 000 1 0, 000 WORKERS' COMPENSATION STATUTORY C AND Under Binder 8-1-85 8-1-86 $100 (EACH ACCTDEIM EMPLOYERSLIABILITY OO (DISEAS6POLICY LIlT) $1OO (DISEASE EACH UATI 0 1 J OTHER Worker's Compensati n Utah-State Insurance each accident Fund 8-1-85 8-1-86 disease-limit diseaSP-parh Pmnl ;a 00 ^•^~~••.~~wi.o~~wnnvrvawenic~tsr5rtlaAL ITEMS Bid 119489 1985 Paving Program Project 1185-1 Purchase Order 1169605 City of Denton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- Y O PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901-B Texas Street MAIL-1D_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Denton, Texas 76201 OF ANY KIND UPON THE COMPANY, ITSYAQENTS OR REPRESENTATIVES. CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS. CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an additional insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies wilt mail ten (10'~ days' written-notice to the party to whom this certificate is addressed. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: REMARKS: City of Denton Bid 11 9489 901-B Texas St. Denton, TX 76201 L Attn: John J. Marshall, C.P.M.. Purchasing Agent I NAME Ai40 ADDRESS OF INSURED: Insurance Co m a T f I Policy Effective Expiration ' p ny . ype o nsurance Number. Date Date LIMITS OF LIABILITY Workmen's Compensation Statutory and Employers Liability Employers Liability Limits-5700,00 Comprehensive Bodily Iniury General Liability S Each Occurrence Aggregate Products ' - S & Completed Opera. F, Property Damage - S Each Occurrence S Aggregate Opemtior S Aggregate Protecuv. S Aggregate Contractu Aggregate eroaucts 5 & Completed Opera Comprehensive Bodily Iniury Automobile Liability'' S Each Person S Each Occurrence - Property Damage. S Each Occurrence 'Absence of any, appropriate entry means no such insurance is in force. ;'Covers all owned. non owned or. hired vehicles. PHONE 2111MEP. OF AGENCY MAKE AND. ADDRESS OF AGEtICY : Authorized Hepresentat,ves of the Insurance Companies referred to abr 4 _~1