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2010-2411\codad\departments\1ega1\our documents\ordinances\10\brandratificationord.doc ORDINANCE NO. 2010-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS RATIFYING THE ACTION OF THE CITY MANAGER'S AWARD OF A CONTRACT DATED AUGUST 26, 2010, BY AND BETWEEN THE CITY OF DENTON AND BRANDT ENGINEERING, FOR THE PURPOSE OF INSTALLING LIGHTING RETROFIT REPLACEMENT, ACQUIRING TWO (2) CHILLED WATER PUMPS 15 HP, TWO (2) CONDENSER WATER PUMPS 7.5 HP, VARIABLE FREQUENCY DRIVES VFDS FOR THE CHILLED WATER PUMPS, AND TWO (2) COOLING TOWERS IN THE TOTAL SUM OF $512,541, SAID CONTRACT HAVING BEEN EXECUTED PURSUANT TO ORDINANCE 2010-097 RELATING TO THE CITY'S EXPENDITURES OF FORMULA FUNDS ALLOCATED TO THE CITY OF DENTON THROUGH THE FEDERAL GOVERNMENT'S DEPARTMENT OF ENERGY'S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM AND AUTHORIZING ADMINISTRATION OF EXPENDITURES AND FISCAL AND ADMINISTRATIVE MATTERS RELATED TO SAID GRANT PROGRAM. WHEREAS, the City Council of the City of Denton hereby finds that the agreement between the City and Brandt Engineering dated August 26, 2010, in the total sum of $512,541, said contracts having been executed pursuant to Ordinance 2010-97, attached hereto and made a part hereof by reference (the "Agreement") serves a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the Body of this Ordinance as if fully set forth herein. SECTION 2. The Agreement is hereby approved and ratified and the City Manager's, or his designee's, execution of the Agreement is hereby ratified. All expenditures authorized by the Agreement are also ratified and approved. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the e!,9 I 5 day of , 2010. MARK A. BUkROU'GKS, MAYOR 1\codad\departments\legal\our documents\ordinances\10\brandratificationord.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: s;lour documentslordinances1101eecbg ordinance,doc ORDINANCE NO. 1 AN ORDINANCE CF THE CITY GF DENTON, TEAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ADMINISTER THE FORMULA FUNDING ALLOCATED TO DENTON UNDER THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT, AS PART OF THE AMERICAN RECOVERY AND REINVESTMENT ACT, FOR THOSE PROJECTS IDENTIFIED FOR FUNDING UNDER THE CITY OF DENTON' S ENERGY EFFICIENCY AND CONSERVATION STRATEGY, AS FILED WITH THE UNITED STATES DEPARTMENT OF ENERGY, IN THE TOTAL AMOUNT OF $1,117,000; PROVIDING FOR THE EXPENDITURE OF FUNDS AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance 2009-063, the City of Denton applied for funding through the Department of Energy's Energy Efficiency and Conservation Block Grant program, a component of the American Recovery and Reinvestment Act; and WHEREAS, the City of Denton was awarded $1,117,000 in formula funding through the Energy Efficiency and Conservation Bloclc Grant to administer programs that met the goals of the Department of Energy for this grant program; and WHEREAS, the Department of Energy provided $65,100 of these formula funds to the City of Denton for the purpose of developing an Energy Efficiency and Conservation Strategy, part of which involved prioritizing municipal projects to determine those that best met Department of Energy and municipal goals for expenditures of the remaining funds; and WHEREAS, the City of Denton's Committee on the Environment evaluated and provided direction on the prioritization strategy during a series of public meetings, ultimately culminating in a recommendation for six ~6} municipal projects to be funded under the Energy Efficiency and Conservation Block Grant program; and WHEREAS, the City of Denton submitted the required information concerning the recommended projects to the Department of Energy for evaluation, and received approval for the recommended projects from the Department of Energy on March 19, 2010; and WHEREAS, it is deemed to be in the best interests of the City of Denton to administer these funds as approved by the Department of Energy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council authorizes the City Manager, or appropriate designees}, to administer all expenditures of the formula funds allocated to the City of Denton through the Energy Efficiency and Conservation Block grant in accordance with the Energy Efficiency and Conservation Strategy, as approved and I or amended by the Department of Energy. SECTION 2. The City Council authorizes the City Manager, or appropriate designees}, to handle all fiscal and administrative matters related to the administration of these grant funds, and all other matters connected therewith. SECTION 3. This ordinance shall become effective immediately upon its passage and appxoval. • PASSED AND APPROVED this ~ day of , 20I 0. MARK A, U AYDR ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPROVED AS TD LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY. .ff f- f CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 26th day of Amt A.D., 2010, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and 1728 Briercroft Carrollton TX 75006 of the City of Carrollton , County of Dallas and State of Texas , hereinafter termed "CONTRACTOR," WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: As per attached Exhibit "B" Scope of Work dated June 2, 2010 in the amount of $512,541.00 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 work specified above, in accordance with the conditions and prices stated in the.Proposal and. the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton OWNE BY: (SEAL) ATTEST: WL0 1~'A Brandt CONTRACTOR 1728 Briercroft Carrollton. TX 75006 MAILING ADDRESS 972-395-6000 PHONE NUMBER APPROVED AS TO FORM: om"A'- 1/l/i -ate ANITA BURGESS, CITY ATTORNEY 972-395-6532 F NUMBER /i - BY: 'I ~-teiz~ 0 LE John Hines / Constr. Operations Mgr. PRINTED NAME (SEAL) CA-4 e7m::~i Exhibit "B" Scope of Work June 2, 2010 City Of Denton Attn: Mr. David Saltsman I Re: Lighting Replacement/Mechanical Equipment Purchase Per your request Brandt Engineering is pleased to provide our proposal for mechanical and elec- trical support on the above referenced project. Our scope of work is based upon our site visit with you. Our specific scope of work is as follows: Lighting Retrofit Replacement: Cost $436,980.00 Please see the attached lighting scope broken down into specific light fixtures to be replaced in each building. •3 Mechanical Equipment Purchase: Purchase and deliver the mechanical equipment listed in Exhibit "C" attached. Installation of equipment is to be performed under a separate contract. We include: Provide (1) year parts and labor warranty on workmanship and materials Payment and Performance Bond is included. Cost $7,541.00 We exclude: Repairs to existing equipment or controls Warranty on existing equipment Any additional code upgrade items not mentioned above Fire alarm interlocks Hazardous material abatement Sales tax We propose to provide all labor, tools material, equipment, supervision to perform the above stated scope of work for the lump sum total of: $512,541.00 AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 11245 Indian Trail 2502 Gravel Drive 6023 Corridor Pkwy.. Suite 100 1100 Jewell DrIVE Austin, TX 78741 Dallas, TX 75229 Fort Worth, TX 76118 Schertz, TX 78154 Waco, TX 76712 512.491.9100 972.241.9411 817.626.0033 210.599.6120 254.772.1693 TACLA 27629C TACLA 000468C TACLA 20707E TACLA 000746C TACLA 000430C TECL 20109 TECL 20109 TECL 20109 TECL 20109 TECL 20109 1 ~Ad Brandt Engineering is a mechanical, electrical and plumbing solutions provider. We provide engineering design and analysis, new construction, upgrades, retrofits, and maintenance service to a variety of clients, from our offices in Dallas, Fort Worth, Waco, Austin and San Antonio, Texas. (For additional in- formation see www.brandteng.com.) We have installed entire HVAC systems and completed chiller re- placement projects at numerous similar facilities. We appreciate your consideration of our firm and look forward to working with you. Please do not hesitate to contact me directly should you have any questions or concerns. Thank you, Craig Whaley LEED AP Director of ECO Services Brandt PHONE 972.395.6185 CELL 214.587.9573 brandteng.com AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 11245 Indian Trail 2502 Gravel Drive 6023 Corridor Pkwy.. Suite 100 1100 Jewell Drive Austin, TX 78741 Dallas, TX 75229 Fort Worth, TX 76118 Schertz, TX 78154 Waco, TX 76712 512.491.9100 972.241.9411 817.626.0033 210.599.6120 254.772.1693 TACLA 27629C TACLA 000468C TACLA 20707E TACLA 000745C TACLA 000430C TECL 20109 TECL 20109 TECL 20109 TECL 20109 TECL 20109 r::M ~Ad i Exhibit "C" Mechanical Equipment Cost Breakout The following mechanical equipment will be purchased and delivered. (2) New chilled water pumps 15HP each (2) New condenser water pumps 7.5 HP each (2) New VFD's for the chilled water pumps (2) New cooling towers Cost $68,020.00 AUSTIN DALLAS FORT WORTH SAN ANTONIO WACO 1340 Airport Commerce Dr., Suite 575 11245 Indian Trail 2502 Gravel Drive 6023 Corridor Pkwy., Suite 100 1100 Jewell Drive Austin, TX 78741 Dallas, TX 75229 Forl. Worth, TX 76118 Schertz, TX 78154 Waco, TX 76712 512.491.9100 972.241.9411 817.626.0033 210.599.6120 254.772.1693 TACLA 27629C TACLA 000468C TACLA 20707E TACLA 000745C TACLA 000430C TECL 20109 TECL 20109 TECL 20109 TECL 20109 TECL 20109 .R 4 a o v y v~ a Y ° u LL u o u ~ O y ' C w a o o o ~3 z O 2 O N a ~ 3 ~ t ~ J y W L O N ~ L ~ ~ ~ m m ~ ao F2 m- ~ c 3 10 a c m ^ :a S u a u a a rc LL w rM N ~ O m a O p m 00 m qJp co pJ 0 m N aEi 'X Y q O Q 0` O F- J 12 J m F J N 1- J H 7 J N ry 'D ry N F- W E N H j F W N W m H m } 1-1 00 -f m J O 9 00 N ~y~ ei vl Q 3 U o w m o u - O. t; CL O K o7J > [1 O U C O v0 & a a m G 3 o - my s ~ I: eo 0 /0 Jd2 a O m` v y v `o U p ~y U O O ~ h Z CL U > O _~Q 0 .19 m to w CL a CL COL a 0 O ` r ~ Y U u O at N w ~ Z 0 ° u ~ 0 F Q O ~w~ o =3 _ Ru ~ O. c a m m 3 m \ o m m m m m ~ 3 ° W H ~ ~ \ C m N Yry Q a U A p, F- '7 F n1 %F N H N J N M ~ N C O O FN- N W b 8 p 'J' V N m R Y _ N ❑ 3 F ~ ~ 9 n ry89 N N N N r ll ❑ h N Q ri t O O 000 O C y C m ~ O z c F o a c ~o a O ~ v y v~ 0 m ° LL V U ° O tip ul ° u° v 12 f2 ~2 f2 4 i f2 /J r /Y 1? a O `m v ~ 0 ~ o ~ U O y Xi M W- cc N 14 2 72 12 - coo o /V dY .00V PERFORMANCE BOND STATE OF TEXAS Bond # 8219-90-20 COUNTY OF DENTON KNOW ALL MEN BY'THESE PRESENTS: That-- randt ✓ whose address is 1728 Briercroft, Carr ton, TX 75006hereinafter called Principal, and Federal Insurance Company , a corporation organized and existing under the laws of the State of Indiana , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of 'Tex, hereinafter called Owne in the Five Hundred Twelve Thousand Five Hundred Forty One no cent penal sum of _ DOLL ARS 512,541.00 plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 200o-_oq-7 with the Cit of Denton, the Owner, dated the26 day of August A.D 2010 for( umba "'se onlyypght ng Replacement 1e- -Bid # A5(.0 3 - Lt 4h-h r~ ry IM F _ NOW, THEREFORE, if the Principal. shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and sliall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 26 day of AyRuust 2010 ATTE BY: ATTEST: w BY: 4 4 AA SURETY Federal Insurance Company BY. - ATTORNE -IN-FACT 7 Ginger Hoke The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Ginger Hoke, Arthur J. Gallagher Risk Management Services, Inc. L/ STREET ADDRESS: 14241 Dallas Parkway, Suite 300, Dallas, TX 75254 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation., give a person's nine) PB-2 to PA'YI ENT ] ONO STATE OF TEXAS Bond # 8219-90-20 COUNTY OF DENTON KNOW ALI, MEN BY TIIES P~~2ESENTS: That Brandt is1728 Brlercroft, Carrollton, Tx r °herei.nafter whose address called Principal, and Federal Insurance Company --a corporation organized and existing under the laws of the State of--Ln-ciana _ _ , and fully authorized to transact business in the State of 'T'exas, as Surety, are held and firinly bound unto the City of Denton, a inunicipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may fiunish materials for, or perform labor upon, the building or improvements he inafter referred to, in the penal sum of Five Hundred Twelve Thousand Five Hundred Forty One no cants DOLLARS ($__512,541.0 0 } in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which Burn well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, anal assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal suui of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Wher~eeas, the Principal entered into a certain Contract, identified by Ordinance Number 2000- cq-+7". the it of Denton, the Owner, dated the 26 da of August 20~ 6 Chill Tower ep acement y D or _ 1purchase only)ILlghhng Replacement r~ ~ 3 d # 45(03- L1 ah-t-i►-.u Re_r,lnro, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, fines, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Worlc to be perfonned thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in. Denton County to whom any requisite notices may be delivered mid on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas, IN 'WITNESS 'WHEREOF, this instrument is executed in four ca es, each one of which shall be deemed. an original, this the ?6 day of August , 2010 ATTE T: BY:_ SECRETAR ATTEST: BY: Z Outc-1 y Federal Insurance Company BY: ATTO. ,Y-1N-FACT Ginger Hoke The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Ginger Hoke, Arthur J. Gallagher Risk Management Services, Inc. STREET ADDRESS: 14241 Dallas Parkway, Suite 300, Dallas, TX 75254 (NOTE. Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 (81IAW 4V Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 tcHUea Know All by These Presents, That FEDERAL INSURANCE COMPANY an Indiana corporation, VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANY, Wisconsin corporation, do each hereby constitute and appoint William D. Birdsong, William W. George and Ginger Hoke & Dallas, Texas each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 9th day of September, 2009. Z h C. Wende , ssistant Secretary . Noels, Jr., Vice Presid STATE OF NEW JERSEY ss. County of Somerset On this 9th day of September, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR n ~A NOTARY PUBLIC OF NEW JERSEY r. 0 0-e..6 No 2316685 amt CommisaJon l5wrer July 16,2014 puNotary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (II) the Companies are duly licensed and authorized to transact surety business In all 60 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this (o. P-01 D ,dtuN~ vW t ~9uµkofC moo= + R rY C MntaN* F aN~`A i"Etrwp~'e A l ?i. en eth C. Wendel, As st nt Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: sure 0chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT lA Policyholder Information .Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Chubb's toll-free telephone number for information or to make a complaint at 1-800-36-CHUBB You may contact the Texas Department of Insurance to, obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informaci6n o para someter una quej a: Usted puede llamar al ndmero de telefono gratis de Chubb's para informacion o para someter una quej a al 1-800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AV1SO A SU POLIZA: Este aviso es solo para prop6sito de informaci6n y no se convierte en parte o condici6n del documento adjunto. Form 99-10-0299 (Rev. 1-08) ACC) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYI) /2011 6/15/2010 PRODUCER LOCKTON COMPANIES LLC-N DALLAS LOCK TON C THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION , 717 OOD, LB#27 OOD 1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DALLAS TX TX 75201 DALL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 214-96-6700 9 INSURERS AFFORDING COVERAGE NAIC # INSURED Brandt Mechanical Services, Inc. / V INSURER A: Illinois National Insurance Company 23817 ` 1317842 Brandt Engineering Co. t,/ ~C `d INSURER B: Everest National Insurance Company 10120 ~ Brandt Service Company, Brandt Electric, L.L.C. `r_f` ' n INSURER C: a P.O. Box 29559 Dallas TX 75229 INSURER D: INSURER E: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES BRAND-1 W3 NSII RFROn. AuTHORIZFn RFPRFSFNTATIYF nR PRnn"v FR aNn TMF rFRTIFIr ATF Hnl nFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSU CE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YYYY POLICY EXPIRATION DATE (MMIDDIYYYY) LIMITS GENERAL LIABILITY ACH OCCURRENCE 1,000.000 A X COMMERCIAL GENERAL LIABILITY 45 3207✓/ 6/15/2010 6/1$/2011 DAMAGES (RENTED PREMISES Ea occurrence $ 1,000,000 CLAIMS MADE X OCCUR% MED EXP (Any one person) $ 10,000 X Contractual Liab ✓ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT AUTOMOBILE LIABILI/ / INEDSINGLELIMIT E id t $ 1,000,000 A X ANY AUTO ✓ 0934426✓ 6/15/2010 6/15/2011 ( a acc en ) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ XXXXXXX X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accident) $ XXXXXXX PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 B X OCCUR ❑ CLAIMS MADE 71C5000069-101 6/15/2010 6/15/2011 AGGREGATE $ 5 000 000 $ XXXXXXX UMBRELLA 11 DEDUCTIBLE FORM $ XXXXXXX RETENTION $ XXXXXXX WORKERS COMPENSATION X ATU- 6 A AND EMPLOYERS' LIABILITY 067712335 6/15/2010 6/15/2011 ORY L R YIN ANY PROPRIETORIPARTNER/EXECUTIVE O ❑IN E.L. EACH ACCIDENT $ 1,000,000 FFICER/MEMBEREXCLUDED? M d ( an atory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS THE CITY OF N, IXOFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS AD D AS REQUIRED BY NTRACT.KBOVE INSURANCE IS PRIMARY & NON-CONTRIBUTORY WITH 30 DAYS NUTICE OF CANCELLATION (EXCEPT 10 DAYS ~ ~ FOR NON-PAYMENT OF PREMIUM) AS REQUBY WR~TRACT .WAIVER ATION AS REQUIRED BY WRITTEN CONTRACT. L 10564036 CITY OF DENTON-11~ 221 N. ELM DENTON TX 76201 UANUt:LLA I IUN SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE~F tPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 '/DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. / AUTHORIZED REPRESFMZo,TIVE i7 C~ ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD For questions regarding thls certificate, contact the number listed In the'Producer' section above and specify the client code'BRAND-1'.