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
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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