1985-0560893L (44L)
NO 3.5- .6-6
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
improve-
ments 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 the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000, and
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, TEXAS 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
9426
SECTION II
CONTRACTOR
0 L D Company $73,750 00
AMOUNT
That the acceptance and approval of the above competititve
bids shall not constitute a contract between the City and the
PAGE 1
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
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 19th day of March 985
I RD 0 TT EE , AY R
CITY OF DENTON, TEXAS
ATTEST
C LO E E, CITY SECREETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
PAGE 2
DAIL 3-19-85
C11Y COUNCIL RGPOItI rORMAI
10
Mayor and
Members
of the City Council
rROM
G Chris
11artung,
City Manager
SUBJ BC1 BID #9426 CLEAN & PAINT 2,000,000 GALLON GROUND LEVEL
WATER STORAGE TANK
RBLUI01Bt4VA11014 We recommend this bid be awarded to the low bidder,
0 L D Company, Inc , for the total amount of $73,750 00
Work to begin on or before May 1, 1985
SUIIM AR Y This bid is for the contractual services to clean and
paint the inside of this water tank at the Water Production
Plant We received only three bids However, we sent
invitations to some six prospective vendors
BALKGROUND Tabulation Sheet
PRU6RA1`4S DEPAR1MIsNIS Olt 6RUUFS ArrBCIhD
Utilities Improvement Program as budgeted
riSCAL 114FACI There is no fiscal impact on the General Fund
Respectfully submitted
G-(.m &-Tia~Lu ii g
City Manager
Fr-"ared b
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isle Purchasing Agent
Approved
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tie urchasing Agent
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 21 day of March
A.D., 19 85, by and between The City of Denton, Texas, Utilities Department
of the County of Denton and State of Texas, acting through
Q. Chris Hartung. City Manager thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Obie L. Dow dba 0 L D Company Inc P.O. Box 583
Mineral Wells TX 76067 817/325-5682
of the City of Mineral Wells County of Palo Pinto
and state of Texas 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 herewith, 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 #9426 Clean.& Paint 2.000.000 Gal. Ground Level Water Storage Tank
Purchase Order #67562 in the amount of $73,750.00
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,
which includes all maps, plats, blueprints, and other drawings and printed or
CA-1
0044b
Wri-tten explanatory matter thereof, and the Specifications therefore, as
prepared by Jerry Roush, Water Production - Utilities
City of Denton Texas
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
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.
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
ATTEST:
YliZA"r-~t
City of Dentop., Texas
City Manager "-9 ;
(SEAL) -
,
By
tle Obie L. Dow, Presi
APPROVED AS TO FORM:
City Attorney
CA-2
(SEA
Obie L. Dow, Individually
0044b
STATE OF TEXAS
COUNTY OF Denton
.A
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That obie L. Dow dba O.L.D.
Company, Inc. , of the City of Mineral Tge] is
County of Palo Pinto , and State of Texas
as PRINCIPAL, and Allied Fidelity Insurance Company
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the City of Denton, Texas, Utilities Department
as OWNER, in the penal sum of Seventy-Three Thousand Seven Hundred Fifty and _
no/100------------- Dollars 73,750.00 ) 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 OWNER, dated the 21 day of March , 19 65, for the construction of
Bid #9426 To Clean & Pain a 2 Million Callon round Lev 1 Water Storage Tank
which contract is hereby referred to and made a dpart hereof 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 faithfully perform said Contract and shall in all respects,
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;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
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.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
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 WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this Io day of 19
i
Principal
Title
Address
Y
Surety
(7 Cftl'e
olyn L~ Greenou h
Title Attorney-in-fact
Address P O Box 700
Melbourne, Florida 32902-0700
7
address of the Resident Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
0091b
A►
Allied ~4,51D~ Fidelity
Insurance Co.
8945 North Meridian Street . Indianapolis, Indiana 46260 . 1 18001 428-5730
AC NO 093906
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached
to the bond which it authorizes executed. It specifies the LIMIT OP THE AGENT'S AUTHORITY AND
THE LIABILITY OF THE COMPANY, HEREIN.
THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY
3r 'i
SHALL N s t,.,.. f
:j i
OT EXCEED' ice. `:I'vie 'dii311 ULLLAP~~
USE OF MORE THAN ONE POWER VOIDS
THE BOND
ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the
City of Indianapolis, State of Indiana, does hereby make, constitute and appoint:
Kenneth W Samzzyn Richard P love, Jr. , Wi 11~ i 3m W Ri gel ns Carol yn I r ough
-in the City.of --Melbourne ,.County.of' - Rrerrar(i
State of Elnricin its true and lawful attorney-in-fact, at Melhnyurne
in the State of Florida , to make, execute, seal and deliver for and on its behalf, and
as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a .
court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and
miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided
that the liability of the company as surety on any such bond executed under this authority shall not in any
event exceed the sum shown above.
THIS POWER VOID IF ALTERED OR ERASED
The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as
binding upon the Company as if such bond had been executed and acknowledged by the regularly elected
officers of this Company.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of
the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly
called and held on the 29th day of April, 1982:
"The President shall have power and authority to appoint Attorneys-in-Fact, and authorize them to
execute, on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity
and other surety and writings obligatory in the nature thereof; and he may at anytime in his judgment
remove any such appointees and revoke the authority given to them; and with respect to any Certified
Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the
Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile;
and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the
future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached."
IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto
affixed and these presents to be signed by its duly authorized officers this 6th day of July, 1982.
Secretary
ALLIED FIDELITY INSURANCE CO.
44V4,0(. 0. 0/-
BY
President
THIS POWER DOES NOT AUTHORIZE THE
EXECUTION OF BONDS FOR LOAN GUARANTEES
STATE OF INDIANA SS:
COUNTY OF MARION
On this 6th day ofJuly, 1982, before me a Notary Public, personally appeared H. O. CROQUART and
T. L. EADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of
said Corporation.
/ v I V f ' C
Notary Public, Marion County, Indiana
My Commission Expires: 1/19/87 Notary Public •eikM*
1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD
REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY
GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW
CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE.
STATE OF INDIANA SS:
COUNTY OF MARION
I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify
that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied
Fidelity Insurance Co., which is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following
resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the
29th day of April, 1982:
"RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the
signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument
executed by the President pursuant to the By-Laws appointing and authorizing an Attorney-in-Fact to
sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other
instruments described in said By-Laws, with like effect as if such seal and such signature had been
manually affixed and made, hereby is authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this
12 day of ADrii 19 85
Assistant Secretary
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS: That pbie L. Dow dba C.L D C
env Inc.
of the City of N;na-c; [nipIlq
County of Palo Pinto and State of p.,aG as principal, and
Allied FiI lit Insurance C i
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto City of Denton, Texas, Utilities Department
OWNER, in the penal sum of Seventy-Three Thousand
Seven Hundred Fifty and no/100--------------------------- Dollars
73,750.00 )
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 2- day of _ March
19 85 .
Bid9426 ';b Clean & Paint a 2 Million Gallon (Pound Level Water Storage Tank
to which contract is hereby referred to and made a part hereof 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 labor and material to him or a
subcontractor in the prosection 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 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-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 this 12 day of April 19 85 ,
r
Princi 1 By ZCY
' Allied Fidelity Insurance Company
Surety
Title
2E
Address
address of the Resident Agent of Surety is:
PB-4
(SEAL)
0092b
Melbourne Florida 32902-0700
11 34►
XMIN 104 WOW
Allied
41,10 Fidelity
Insurance Co.
8945 North Meridian Street . Indianapolis, Indiana 46260 . 1 (800) 428-5730
AC N° 09390.5
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached
to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND'
THE LIABILITY OF THE COMPANY, HEREIN.
THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY
SHALL NOT EXCEED it $t ;t T~it$ ia3el ?st 3>"iU., ,N VLJ uLLfi S*
USE OF MORE THAN ONE POWER VOIDS
THE BOND
ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the
City of Indianapolis, State of Indiana, does hereby make, constitute and appoint:
i
Richard P Tnca, Tr Kenneth w S imz3nys William W Bigelow or Carolyn L Greenough
in the City-of Melbourne County, of Brevard
State of Florida its true and lawful attorney-in-fact, at Melbournt,
in the State of Florida , to make, execute, seal and deliver for and on its behalf, and
as its act and deed, bonds, and undertakings in behalf of court fiduciaries,.who under the jurisdiction of a
court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and
miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided
that the liability of the company as surety on any such bond executed under this authority shall not in any
event exceed the sum shown above.
THIS POWER VOID IF ALTERED OR ERASED
The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as
binding upon the Company as if such bond had been executed and acknowledged by the regularly elected
officers of this Company.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of
the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly
called and held on the 29th day of April, 1982:
"The President shall have power and authority to appoint Attorneys-in-Fact, and authorize them to
execute, on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity
and other surety and writings obligatory in the nature thereof; and he may at any time in his judgment
remove any such appointees and revoke the authority given to them; and with respect to any Certified
Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the
Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile;
and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the
future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached."
IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto
affixed and these presents to be signed by its duly authorized officers this 6th day of July, 1982.
'S$1A~ a
Secretary
ALLIED FIDELITY INSURANCE
.
- C67-
\dovC o - 014&„Aa,
BY
President
THIS POWER DOES NOT AUTHORIZE THE
EXECUTION OF BONDS FOR LOAN GUARANTEES
STATE OF INDIANA SS:
COUNTY OF MARION
On this 6th day of July, 1982, before me a Notary Public, personally appeared H. O. CROQUART and
T. L. FADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of
said Corporation.
(~///•~4 ~C lg9AL
Notary Public, Marion County, Indiana O:
My Commission Expires: 1/19/87 Notary Public *010+
1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD
REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY
GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW
CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE.
STATE OF INDIANA SS:
COUNTY OF MARION
I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify
that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied
Fidelity Insurance Co., which is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following
resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the
29th day of April, 1982:
"RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the
signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument
executed by the President pursuant to the By-Laws appointing and authorizing an Attorney-in-Fact to
sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other
instruments described in said By-Laws, with like effect as if such seal and such signature had been
manually affixed and made, hereby is authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this
day of Anr; I 19 85 .
CZ. 0.`2A.,•...a
Aaeistant Secretary
MAINTENANCE BOND
STATE
OF
TEXAS
COUNTY
OF
Denton
)C
obie KNOW ALL MEN BY THESE PRESENTS: THAT C.L.D. L. Dow nV, Inc
as Principal, and Corn pany
a Corporation authorized F do eldoy bus iesse ins they State of
Texas a
s 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 Seven Thousand Three
Hundred Seventy-Five and 50/100---------------
the total amount of the contract for the pa Dollars 7,375.50 l0Y of
surety do hereby bind themselves, their payment
successors which - nd asssigns, pj i tly and
severally.
This obligation is conditioned, however, that:
WHEREAS, said Ql2ie i Dnw dba p r D Inc.
has this day entered into a written contract with the said City of Denton to
and construct R;ri 4OA99 r,.:__ e
wincn contract and the plans and specifications therein mentioned, adapted by the
City of Denton, are filed with the City Secretary of said City and are hereby
expressly incorporatd herein by reference and made a part hereof as though the same
were written and set out in full herein, and:
contract, it is provided~t~ the Contractors will imai maintain and keep in good and
the work therein contracted to be done and performed for a period of one (1) repair
from the date of acceptance thereof and do all necessary backfilling that may
become necessary in connection therewith and do all necessary work toward 'the
repair of any defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on constructing
the same or on account of improper excavation or backfilling, it being understood
that the purpose of this section is to cover all defective conditions arising by
reason of defective materials, work, or labor performed by said Contractor, and in
case the said Contractor shall fail to repair, reconstruct or maintain said
improvements it is agreed that the City may do said work in accordance with said
contract and supply such materials and charge the same against the said Contractor
and its surety on this obligation, and said Contractor and surety shall be subject
to the damages in said contract for each day's failure on the part of said
Contractor to comply with the. terms and provisions of said contract and this bond.
0093b MB-1
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for the maintenance
period of one (1) year, as herein and said contract provided, then these presents
shall be null and void and have no further effect; otherwise, to remain in full
force and effect.
further It is agreed
continuing one against he Principal and Sur Surety and that this
successive recoveries be
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.
IN WITNESS WHEREOF the said Obie L. Dow dba
Inc. as Contractor and Principal, has caused
these presents to a executed by
and the said Allied Fidel it Insruance C y
as surety, has caused these presents to be executed by its Attorney-in-Fact
Carol m L Greenough and the said Attorney-in-Fact has hereunto set his hand
this 12 day of April 19 85 .
SURETY:
PRINCIPAL:
MB-2
0093b
I1 A►
~A
Allied
1e.VA'F Fidelity
Insurance Co.
8945 North ; Meridian Street . Indianapolis, Indiana 46260. 1 (800) 428-5730,
AC N 09388'0
POWER OF ATTORNEY
' KNOW-ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached'
to the bond which 'it authorizes executed. It specifies the LIMIT OF THE-AGENT'S-AUTHORITY AND
THE LIABILITY, OF THE COMPANY, HEREIN.
F'
THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY
Y, x u[kE HUNDRED THOUSAND DOLLARS
' SHALL NOT EXCEED
USE OF MORE THAN ONE POWER VOIDS
HE
T BOND
ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office m the
City of.Indianapolis, State of Indiana, does hereby make, constitute and appoint:
Kenneth W. .Sawcz
yn, Richard P. Love Jr.", William W. Bigelow or .Carolyn L. Greenough
Melbourne '
inahe City.of County of Brevard
Staterof Florida its true and lawful attorney-in-fact, at Melbourne
in th'e State of Florida to make, execute, seal and delider for and on its behalf, aand
+ as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the,lurisdiction of a
court, adminis'ter' property held in public official bonds; license and permit bonds; tax; lien, and
miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees; provjded:.:~.. c
that the liability of the company as surety on any such bond executed under this authority shall not in any
event exceed the sum shown above.
THIS POWER VOID IF ALTERED :OR ERASED,
"The acknowledgment and execution of any such document by the said Attorney-In Fact shall be. as =
binding upon the Company as if such bond had been executed and acknowledged by the regularly elected '
officers of this Company.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of
'the following$y-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly 4
called and held bn the 29th day of April, 1982:'
"The President shall have,power and authority to appoint Attorneys-in-Fact,`and authoriie.them to % _
execute, on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity
and'other surety and writings obligatory in the nature thereof; and he may at anytime in his judgment;;. q
remove any such appointees and revoke the authority given to them; and with respect to any Certified
Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the E ;
Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile;
and such facsimile signatures and facsimile seals shall be valid and binding on the Company, to the S
future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached
IN WITNESS :WHEREOF, Allied Fidelity Insurance Co. has caused its `official seal to be hereunto
affixed, and these presents to be"signed by its duly authorized officers this 6th day of'July, 1982
STATE OF INDIANA 1 SS:
COUNTY OF MARION )
On this 6th day ofJuly, 1982, before me a Notary Public, personally appeared H. O. CROQUART and
T. L. EADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of
said Corporation.
t0
Notary Public, Marion County, Indiana SEAL
'
My Commission Expires: 1/19/87 Notary Public 'oi
1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD
REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY
GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW
CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE.
STATE OF INDIANA
COUNTY OF MARION } SS:
I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify
that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied
Fidelity Insurance Co., which is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following
resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the
29th day of April, 1982:
"RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the
signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument
executed by the President pursuant to the By-Laws appointing and authorizing an Attorney-in-Fact to
sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other
instruments described in said By-Laws, with like effect as if such seal and such signature had been
manually affixed and made, hereby is authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this
12 day of ADri 1 19 8 .
\T/t~ 4.ai Q.
Assistant Secretary
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
I• 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 $300,000 $1,000,000
Each person Each accident
Property Damage $100,000
Each accident
A. In addition to the insurance described above, the
Contractor shall obtain at his expense an OWNER'S
PROTECTIVE LIABILITY INSURANCE POLICY with the
following limits:
BODILY INJURY PROPERTY DAMAGE
$:500,000 each person $100,000 each accident
$300,000 each accident $1,000,U00 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 this
insurance applies.
The City of Denton will be listed on all policies as an
additional named insured.
,#0399c
Certificate of Insurance _
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT. AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
■ -
-.This-is to Certify that
= 0 L.D., .INC.- '
Y•= P.0..BOX-.583
MINERAL WELLS, TX .76067
~~.~4 is,.at-the date of this certificate, insured by the Company under the
I - is"subject to all then terms, exclusions' and- conditions-and Ls-not-
document with te"spect to which this certificate may be issued.
I
Pohcy(i
altered-I
i LIAERTY_
Name and MUTUAL
E address of
Insured. a
es) listed below. The insurance afforded by the hsfed policy(les) - -
ly-any-requirement, term_Dr_condmon of any.contract onother
. TYPE OF POLICY -
EXPIRATION DATE
-POLICY NUMBER -
LIMITS- OF LIABILITY
. - - -
-
-
COVERAGE' AFFORDED UNDER W.C. LAW OF
FOLLOWING STATES -
LIMIT OF aIABILIT CCOV B
(Indicate Limit for:each state)
WORKERS'.
-
COMPENSATION-
1/1-/86:
'WC1-191_051273-015,
TEXAS
$100,000 _
- -
-
MARITIME COVERAGE-FOLLOWING STATES.
LIMIT OF LIABILITY MARITIME COVERAGE
®coMPFORM HENSIVE
FO '
BODILY.INJURY -
PROPERT-YDAMAGE-
..f SCHEDULE. FORM. _
-
-7/3/$7_
-
:)(F2-19 1-05 12 73=054
-EACH
$
EACH- -
- -
- - OCCURRENCE
$ - OCCURRENCE
-,Q PRODUCTS. COM
PLETED OPERATIONS
-
-
- -
- - '
¢ Y-
_
-
_ -
,
$
AGGREGATE
_
$ AGGREGATE
m
uu ¢
INDEPENDENT CON
- - -
~ - - _
'
Ur J
TRACTORS/ CONTRAC
-
'
_
COMBINED' SINGLE LIMIT -
TORS PROTECTIVE
- BODILY INJURY AND PRO
PERTY
DAMAGE
-
_
.
.
$ 1 s D00000 -
CONTRACTUAL
'
- -
-EACH OCCURRENCE -
-
LIABILITY _
_
- -
$ 1, 000, 000 - AGGREGATE- - -
0.
OWNED
-
- - -
$ E
m
NON OWNED
ACH ACCIDENT SINGLE LIMIT B.I -AND P.D COMBINED
-
¢ ¢
-
1/1/86.
`
-
AE2-191-051273 025
$ _
EACH PERSON
-
J
HIRED
_ _
-
- _ -
"
- EACH ACCIDEN
$ T - - EACH ACCIDENT
OR OCCURRENCE $
. _ OR OCCURRENCE
%
CONTRACTOR'S
1/1/86
MS2-191.0512737045
$45
000 -
0.
EQUIPMENT
_
,
LOCAT
ION(S) OF OPERATIONS It J
OB # (It
Applicabl
e) - -
-
-
- DESCRIPTION OF OPERATIONS: _
1
1
NOTICEOF CANCELLATION: (NOT -APPLICABLE, UNLESS -A NUMBER-OF.
DAYS IS ENTERED -BELOW),;BEFORE THE STATED EXPIRATION-DATE THE COMPANY
WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES
-UNTIL AT LEAST XX_DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN
' MAILED TO.- r-
CI-TY OF 'DENTON
PURCHASING DEPT. BETTY WIL_LIAMS! L.~
901-B. TEXAS-,ST.- _ r AUTHORIZEDREPRESENTA7IVE _
DENTON, _TX -7620T195/R6 NR FORT WORTH
DATE.ISS D' OFFICE
--_j -
this <erfhicaM is exebutad by LIBERTY MUTUAL INSURANCE COMPANY as respects such Insurance as is afforded by That Company it is executed by LIBERTY MUTUAL FIRE INSURANCE
COMPANY as aespects.such Insurance 'as la afforded by_Thit Company. - - - _ c - _ - - - _ - - _ _ V - gS 134q R14„._,`
SCHEDULE "B"
CITY OF OENTON MINIMUM WAGE RATES FOR PUBLIC
cNGINERING (HIGHWAY/HEAVY) CONSTRUCTION AND
UNDERGROUND UTILITY CONTRACTS
The rates below have been determined by the City Of Oentan
Texas in accordance with the , prevailing local wages statutory requirements and
.
Overtime shall be paid far at the rate of one and one-half
(1-1/2) times the regular rates for every hour worked in excess
of forty (40) hours per week.
Trade-Craft Classification late per Hour
Air Tool Man
Asphalt Heaterman
Asphalt Raker
Asphalt Shoveler
6.55
Hatching Plant Scaleman
5.00
Batterboard Setter
6.50
Carpenter
Carpenter Helper -
6.65
Concrete Finisner (Paving)
5.45
7
05
Concrete Finisher Helper (Paving)
.
3
~0
-
Concrete Finisner
-ores)
e
.
5
30
Concrete Finisher
eiper
(Struct)
.
5
55
Concrete Rubber
.
electrician
Electrician Helper
3 50
Form Hui'-der (Structured
5.50
Form Suilcer Helper (Struct)
6.70
5
00
Farm Liner >
(_aving s Curb)
.
.
"
2
9
Form. Setter (Paving a Curb)
.
.
6
10
?arm Setter Helper (Paving s Curb)
.
4
50
Farm Setter (Structures)
.
7
00
Farm Setter Helper (Structures)
.
5
65
Laborer, Common
.
Laborer, Utility Man
4.00
Manhole Builder, Brick
90
Mechanic
Mecnanic Helper
6.70
5
Oiler
00
Serviceman
5.05
Painter (Structures)
r•75
?aintar Helper (Structured
?lledriverman
?ipelayer
?ipelayer Helper
5.73
Powderman -
4.75
Reinforcing Steel Setter (?avlrg)
7.00
5
00
Reinforcing Steel Setter
•
6
60
Reinf arcing Steel Setter Helper
.
4
"a
Steel Worker (Structural)
.
5
L
Steel Worker Helper (Structural)
.
Sign erector
Sign =ractor Sei--er
Spreader Box Kan
Swamrer
5 00
Power eauipmenc Oeeracars•
Asphalt Oistrihu-ar
Asphalt ?aving Machine
5 00
Broom or Sweeper Operator
6.35
5 20
aulldozer 150 H2 s Less
5
25
Bulldozer 1-50 a?
.
Concrete Paving Curing Macnine
Concr
4 -
6.73
6.50
ete ?av
9 Firani. g aacn
5.50
G - !I.5
Trade-Craft classification Rate Per Your
Concrete Paving Fora Grader
Concrete Paving Joint machine
Concrete Paving Longitudinal Float
6.35
Concrete Paving Mixer
7 75
7
Concrete Paving Saw
.05
Concrete Paving Spreader
Paving Sub Grader
Crane, Clamshell, Backhoe, Derrick,
Oragline, Shovel (less than 1 1/2 Cy)
7,00
Crane, Clamshell, Backhoe, Derrick,
Oragline, Shovel (1 1/2.CY s Over)
7
35
Crusher or Screening Plant Operator
,
Elevating Grader
Form Loader
Foundation Drill Operator (Crawler
Mounted)
Foundation Drill Om. (Truck Mounced)
8.25
Foundation Drill Operator Helper
5,49
Front End Loader (2 L/2 CY S Less)
6.15
Front End Loader (Over 2 1/2 CY)
7
29
Haist (Over 2 drums)
,
6.00
Mixer (over 16 C9)
Mixer (16CT s Less)
Motor Grader Cmerator, Fine Grade
7
99
Motor Grader operator
,
7.25
Roller, Steel Wheel (Plant-Mix
Pavements)
5
35
Roller, Steel Wheel (Other-Fiat
.
'
Wheel cc Tamping)
6
45
Roller, Pneumatic (Self-Propelled
.
5.15
Scrapers (17
CY e Less)
5
2
5
Scrapers (Over L7 Cy)
.
.
5.90
Side Boom
Tractor (Crawler Tvpe) 150 HP S Less
Tractor (Crawler Type) over 130 Hp
6.90
Tractor (Pneumatic) 80 Hp s Less
9
60
Tractor (Pheumacic) over 80 Hp
.
5.75
Traveling Mixer
Trenching Machine, Light '
Trenching Macnite, Heavy
Wagon Drill, Soring Machine or post
Role Driller Operator
25
Truck Drivers:
Single Axle, Light
S 35
Single Axle, Heavv
Tandom .axle or Semitrailer
LowcoV-Float
T_ransic-Mix
70
Winch
welder
Welder -el^er
''1'
The CONTRACTOR snail comply with all Stace and Federal Laws
applicable to such work.
The above are ainiZI races.
- 31dders shall case t^eir pies on
rates tnev expect to nav, ih excess of -hose listed. The
OWNER will not consider claims for extra Payment to CCNTRAon account of Payment CTOR
of wages
aigrer than tnCSe spec died.
G - 12.5
BID NUMBER
9426 BID PROPOSALS
Page 2. of 34
gem
DESCRIPTION
OUAN.
PRICE
AMOUNT
1.
Furnish labor, materials, and equipment to clean
1
paint and refurbish 2,000,000 gallon steel ground
level storage tank. Interior only.
LUMP SUM
PRICE $ 73,750.00
)
(Seventy Three Thousand Seven Hundred Fifty Dollars)
The City of Denton will dewater and flush the tank
.
The tank is located at 1701-B Spencer Road, Denton
,
TX 76205. Contact Jerry Roush at (817) 566-8267
for inspection. Work shall begin on/or before
RpTij==t; May 01, 1985.
Work to be completed in 45 work days.
Insurance bonds and the contract are to be executed
as per specifications.
i
TOTALS
We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms net
unless otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time constitues-a contract.
Post Office Box 583 O.L.D. Company, Inc.
M1111ne Atltlroa ~ Bltltlar -
Mineral Wells, TX 76067 ~
City State ZIP Signature
(817) 325-5682 _ President - nhiA T' n -
-Tills