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1999-017 O IN CE NO q'OIq AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF A STEEL PLATFORM TRUCK SCALE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #2312 - STEEL PLATFORM TRUCK SCALES AWARDED TO FAIRBANKS SCALES IN THE AMOUNT OF $$2,974) WHEREAS, the C~ty has sohc~ted, received and tabulated compeUUve b~ds for the constmoUon ofpubl,c works or nnprovements m accordance w~th the procedures of STATE law and Ctty ordmances, and WHEREAS, the C~ty Manager or a destgnated ~nployee has received and recommended that the here,n descnbed b~ds are the lowest responsible btds for the constmcUon of the pubhc works or ~mprovements descnbed m the b~d ~nwtat, on, btd proposals and plans and specfficattons theretn, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the followmg competitive b~ds for the constructmn of pubhc works or tmprovements, as descnbed ,n the "B~d Inwtatmns", "B~d Proposals" or plans and specfficatmns on file ~n the Office of the C~ty's Purchasing Agent filed according to the btd number asstgned hereto, are hereby accepted and approved as being the lowest responsible btds Bm NUMBER CONTRACTOR AMOUNT 2312 FAIRBANKS SCALES $ 52,974 SECTION II That the acceptance and approval of the above compettttve b~ds shall not consUtute a contract between the C~ty and the person subm~tttng the btd for constmctton of such pubhc works or ~mprovements hereto accepted and approved, unUl such person shall comply wtth all requirements specffied m the Not,ce to B~dders including the ttmely execuUon of a written contract and fumxshmg of performance and payment bonds, and tnsurance certfficate afier notfficat~on of the award of the b~d SECTION III That the C~ty Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements tn accordance w~th the b~ds accepted and approved herem, prowded that such contracts are made in accordance wtth the Notice to B~dders and B~d Proposals, and documents relating thereto spemfymg the terms, conditions, plans and specfficat~ons, standards, quanUtres and spemfied sums contamed thereto ~ That upon acceptance and approval of the above competmt~ve bids and the executmn of contracts for the pubhc works and nnprovements as authonzed hereto, the City Council hereby authorizes the expenditure of funds m the manner and mn the amount as specified m such approved blds and authorized contracts executed pursuant thereto SECTION V That fins ordinance shall become effectmve ~mmedlately upon its passage and approval PASSED AND APPROVED fins the /~ ~-'~ day of ~ 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2312 STEEL PLATFORM TRUCK SCALES CONTRACT ORDINANCE A'H'ACHMENT #1 TABULATION SHEET BID # 2312 BID NAME STEEL PLATFORM Southcreat Sooner Sooner Powell All Fairbanks Metier TRUCK SCALES Corp Scale Scala Steel Scales Toledo Scales Inc DATE 8 Dqc.98 ~ ~ ~R~ ~ND'OR VENDOR TOTAL BID PRICE $117,777 $52,723 $44,982 NO BID $52,974 $58,628 $4,320 $5,040 CONCRETE CONCRETE RAMP RAMP BOND YES YES YES YES YES 3 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered lmo this 19 day of JANUARY A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and FAIRBANKS SCALES 2626 MANANA - SUITE A DALLAS, TX 75220 of the City of DALLAS County of DALLAS and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2312 - STEEL PLATFORM TRUCK SCALES in the amount of $52,974 and all extra work in connection therewith, under the terms as stated in the General Condmons of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA- 1 accordance with the plans, which includes all maps, plats, blueprmts, and other drawings and printed or written explanatory matter thereof, and the Specfficat~ons therefore, as prepared by SOLID WASTE DEPARTMENT all of which are made a part hereof and collecuvely ewdence and constitute the em~re contract Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an mdepeodent contractor and shall not be deemed to be or considered an employee of the Cay of Denton, Texas, for the purposes of income tax, wahholdmg, social security taxes, vacaUon or sick leave benefits, worker's compensation, or any other C~ty employee benefit City shall not have superv~smn and control of Contractor or any employee of Contractor, and ~t is expressly understood that Contractor shall perform the servtces hereunder according to the attached specfficauons at the general threcnon of the City Manager of the City of Denton, Texas, or h~s designee under th~s agreement Indemnification Contractor shall and does hereby agree to mdenmlfy and hold harmless the City of Denton from any and all damages, loss, or habfllty of any land whatsoever, by reason of injury to property or third persons occasioned by any error, onussmn or negligent act of Contractor, its officers, agents, employees, mwtees, and other persons for whom it is legally hable, w~th regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such clams and demands Choice of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for tts constructmn and enfomement shall he m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth In written not,ce to commence work and complete all work within the time stated ~n the Proposal, subject to such extensions of t~me as are provtded by the General and Special Condltmns The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown m the Proposal, whmh forms a part of this contract, such payments to be subject to the General and Spemal Condmoas of the Contract CA - 2 IN' WITNESS WHEREOF, the part,es of these presents have executed th~s agreement m the year and day first above written EST ' (SEAL) - ~ CONTRACTOR 2626 Manana - S~o. Dallas~ ~X 75220 MAILING ADDRESS 214-357-7497 PHONE NUMBER 214-351-4253 FAX NUMBER TITLE CORPORATE CREDIT MANAGER Michael D Smith APPROVED AS TO FORM PRINTED NAME CITY ATTOgNEY CA - 3 PERFORMANCE BOND Bond 190539843 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That FAIRBANKS SCALES, whose address is 2626 MANANA - SUITE A, DALLAS, TX 75220, hereinafter called Principal, ~lld Continental Casualty Company a corporation organ:ed and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporaUon orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of FIFTY TWO THOUSAND NINE HUNDRED SEVENTY FOUR and no/100 DOLLARS ($$2,974) plus ten percent of the stated penal sum as an additional sum of money representing addmonal court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below ldenUQed Contract, m 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 he~rs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presems This Bond shall automatically be increased by the amoum of any Change Order or Supplemental Agreement which ~ncreases the Contract price, but m 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 condmoned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-017, with the City of Denton, the Owner, dated the 19 day of JANUARY A D 1999, a copy of whlch is hereto attached and made a part hereof, for BID # 2312 - STEEL PLATFORM TRUCK SCALES. NOW, THEREFORE, If the Prmclpal shall well, truly and faithfully perform and fulfill all of the tmdertahngs, covenants, terms, condltxons and agreements of said Contract an 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 reqmred under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditmns and agreements of any and all duly authorized modificatmns of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repmr and/or replace all defects due to faulty materials and workmanship that appear within a permd of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, If the Principal shall fully lndeumIfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense whmh the Owner may incur m making good any default or deficlency, then this obligation shall be void, otherwise, it shall remain m full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall tn anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of tune, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, rte 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 m Denton County to whom any requisite notices may be delivered and on whom service of process may be had tn matters aristng out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 19 day of JANUARY 1999 ATTEST PRINCIPAL SECRETA.~/, ~Pnv//~- ~.~,'~/e/' ,4 ,q,~z~ BY P~SIDENT ~ ~.~/ ~ ~e~ SU~TY The Resident Agent of ~e Surety m Denton County, Texas for dehve~ of noa~ ~d serwce of the pro.ss ~s NAME Douglas G Hotchknss Hotchkiss Insurance Agency ST~T ~DD~SS 16475 Dallas North Parkway, Suite 220, Dallas, Texas 75248 (NO~ Date of Pe~or~nce Bo~ must be ~te of Contract /f Restdent Agent ts not a co~oratton, gtvea person's name ) PB - 2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These PreSel~ts, That CONTINENTAL CASUALTY COMPANY an Illinois ~orporedcn, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connect~ut ~,poratton, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pecnsylven~a corporedco (herein colle~veiy called *the CCC Surety Companies'), ara duly organ=ed and existing corporations he~ng their princ~pal offices in the C~y of Chicago, and State of Illinois, and that they do by virtue of the signature and seals here~n affixed hereby make, constitute end appa~nt David S ~eiavito~ Jamsa E CollinsI indlvidually~ of Kanaes Cit,/r Mlaecuri Don H Holderr J~y R WarnerI Indlvlduallyt of Lasw(3odr Kanass Sher~l J Mecgsff~ indlvlduallyr of Ovedand PerkI Kanas~ their ~'us and lawful Attomey(a)-in*Fect wkn full power and authority hereby conferred to sign, seal and execute for and on their beheff bonds undertakings and other obligatory Instruments of similar nature - In Unlimited Accents - and te b~nd them thereby es fully and ta the same extent as If such ~nstmrm~nte were s~gned by a duly authonzed offer of their corparat~ons and all the a~ts of sa~d Attorney, pursuant to the authonty hereby given era hereby retried and confirmed 'i'nm Power of Attomey ~s mede and exasuted pursuant to and by authority of the By-Laws and Reaoluttons, pnnted on the reverse hereof duly adopted, as indinsted, by the Boards of Dlrac'tms of the corpomtlans In 1NItheas Whel'eOft the CCC Surety Companies have caused these presents to be signed by thsir Group Vloa Prasidont and their corporate seals to be hereto atfixad on this 16th day of September 1998 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Ma~n J Cashicn Group Vice President State of Illinois County of Cook, ea Onthle 16th dayof September , 1~98 ,boforemaberaonaliyoame Ma~n J Cashlon, tO me known, who, being by me duly sworn, did depose and say that he resides In the City of Chicago Ste~e of Illinois, that he is a Group Vi~e Praa4dent of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA deecnbed In and which executed the above insl~umant; that he knows the seals of said corporations, that the seals affixed to the said instrument ara such corporate seels, that they were so affixed pursuant to authority given by the Boards of Dlraotora of said corporations and that he signed his name thsrato pursuant to I~ke authonty, and acknowledges same to be the act and deed of said m~poratlons My Commission Exp~ras March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A. Ribikawak~, Assistant Seoratery of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVAN~ do hereby certify that ~e Power of Attorney herein above set forth is st~ll in force, and further certify that the By-Law and Resolution of the Board of Dira~ora of each corporation printed on the reverse hereof ara still In force In ta~imony whereof I have hereunto eubeoribed my name and affixed the seals of the said corporations th~a 19 day of Janus r}, 1999 AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Mary A Ribikawekls Assistant Secretary (Rev 1011/97) Authonzlng By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney ~s made and exsoutad pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "At.cfc IX--Execution of Dooumsnts Seofton 3 Appointment of Attomsy-tn-fo~t The Chmrman of the Board of Diroatore, 'die President or any Executive, Sen~r or Group Vice Pnmldent may, from time to time, appoint by written certificates attomey~-In-foat to sat tn behalf of the Company in the exsouflan of Folioiss of insurance bonds, undertakings and other obligs~ry ~nstrumanta of like nature Sush attomeys~n-teat, aubJsot to the Ilmitetions set forth in their reapect~va cerflficetas of authority, shell have full power to bind the Company by their signature and exsoution of any such inat~umants and to attach the easi of the Company thereto 'Fca Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Direct)rs, may, at any time, revoke all power and authority prsvioualy gNen to any attornsy-ln-fsot." This Power of Attorney is signed and aesled by facsimile under and by the authority of the following Resolution adopted by the Board of Dirantors of the Company at a meeting duly ualled and held on the 17th day of February, 1993 'Resolved, that the signature of the President or any Executwe, Senior or Group Vice President and the seal of the Company may be affixed by faeslmlio on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws. and the signature of the Ssorstery or an Asmstent Secretary and the seal of the Company may be afl. ed by faoaimile to any eardfloate of any such power and any power or oartifioata beanng such fsus~m~le e~gnsturs and seal shell be valid and binding on the Company Any such power so executed and sealed and certified by oartifioate ac executed and sealed shall with respect to any bond er undertaking to which it is attached continua to be valid end binding on the Company ADOPTED BY THE BOARD OF DIRECTORB OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. This Power of Attorney Is made and executed pursuant to and by authsrlt7 of the following By-Law duly adopted by the Board of Dlrso~rs of the Company "Article Vt--Execution of Obligations and Appointment of Attorney4fl.Faot Se~on 2 Appointment of Attomey-~n-faof. The Che~rman of the Board of Dlrsotors. ~ President or any Exsoutive, Saner or Group Vico President may, fl'om time to fires appoint by wntton certificates attorneya-~n-foct to act ~n behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obhgatory instruments of like nature Such attomeYs-tr~f~ subJeCt to the hmiteaone set forth in their respac~ve certlfiuatea of authority, shell heva full power to bind She Company by their eignaturs and execution of any such instruments and to attach the seal of She Company thereto The President or any Exsou~va, Sen~or or Group Vice Pro.dent may at any time revoke all power and authonty prsvlouaiy glvan to any attorney-in-fact" This Power of Attomey is signed and sealed by facelmlle under and by the authanty of the following Resolution adopted by the Board of Direofors of the Company at a meaflng duly celled and held on the 17th day of February, 1993 "Reaoived, that the e~gnaturs of the Prss~dent or any Executiva, Senior or Group Visa President and She seal of the Company may be affixed by facelm~le on any power of attomey granted pursuant to Seuffton 2 of Artioio VI of the By-Laws, and the signature of the Ssm'atary or an Aeamtant Secretary and the seal of the Company may be affixed by faceim~te to any certificate of any such power and any power or oartffioata besnng such toss,milo slgna~rs and seal shell be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall ~ respect to any bond or undertaking to which it la attached, continue to be valid and binding on the Company ' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attomey ~s mede and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company RESOLVED That the President, an Executive Vice Prs~ldant, or any Senior or Group Visa President of the Corporst~on may, from time to time, appoint, by written uartlfioatas, Attomeys-ln-Fact to act m behalf of She Corporation ~n the execuflan of policies of ~nsursnoa, bonds, undertakings and other obhgstory inatnJmenta of like nature Bush Attomey-~n-Fsat, subject to the limitotlerm set forth in ti, mir reapm::n~ive ~ of authority, shell have full power to bind the Corporation by their agnature and execution of any such instrument end to attach the seal of the Corporation thereto The Pre. dent, an Executive Vice Prs~dont, any Sen~r or Group Visa President or the Board of Directors may at any ama revoke all power and authority previously given to any Attomey-i~-Fact." This Power of Attomey ~s signed and essisd by foeslmile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a masting duly celled and held on the 17th day of FetmJsry, 1993 "RESOLVED That the signature of the Prea~dent~ an Executwe Visa president or any Senior or Group Visa prssident and the seal of the Corporation may bo affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Dirso~rs on February 17, 1993 and the signature of a Becrstary or an Assistant Secretary and the seal of the Corporation may be affixed by fooaimile to any certificate of any such power and any power or cert~¢~te bearing such facsimile s~goaturo and seal ehsil be valid and b~nd~ng on the Corporation Any such power so executed and sealed and cerlffisd by ~ so executed and aesled, shall with respect to any bond or undertaking to whtch It is atteched, Gont3nua to be valid and binding on the Corporation ~ PAYMENT BOND ~o.~ q~o~3~8~ STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That FAIRBANKS SCALES, whose address ~s 2626 MANANA - SUITE A, DALLAS, TX 75220, hereinafter called Principal, arid Conl:tnen~:al Casualt,y Company, , a corporatlon orgamzed and ex~st~ng under the laws of the State of TEXAS, and fully anthonzed to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporatwn orgamzed and ex~stmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and co~porat~ons who may furmsh materials for, or perform labor upon, the building or improvements hereinafter referred to, ~n the penal sum of FIFTY TWO THOUSAND NINE HUNDRBD SEVENTY FOUR and no/100 DOLLARS ($52,974) ~n lawful money of the Umted States, to be prod ~n Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our he~rs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents Th~s Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wfueh increases the Contract price, but m 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 Pnnclpal entered into a certmn Contract, identified by Ordinance Number 99-017, with the City of Denton, the Owner, dated the 19 day of JANUARY A D. 1999, a copy of which ~s hereto attached and made a part hereof, for BID # 2312 - STEEL PLATFORM TRUCK SCALES. NOW, THEREFORE, if the Pnnc~pal shall well, truly and faithfully perform ~ts duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material m the prosecution of the Work prowded for In said Contract and any and all duly anthor~zed modlficatlons of sa~d Contract that may hereafter be made, notice of which modlficauons to the Surety being hereby expressly waived, then tfus obhgatlon shall be void, otherwise It shall remain in full force and effect PROVIDED FURTHER, that ~f any legal action be filed on th~s Bond, exclusive venue shall he m Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~fications, Drawings, etc, accompanying the same, shall m anywise affect ~ts obhgatlon on th~s Bond, and it does hereby waive not~ce 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 thc provisions of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of thc State of Texas The undersigned and designated agent is hereby designated by thc Surety hereto as thc Resident Agent In Denton County to whom any requisite notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument ~s executed m 4 copies, each one of which shall be deemed an anginal, this the 19 day of JANUARY 1999. (%~d~. ~ j Fa~rbank Scales Inc SECRETAR~//Ot~J~>'Sea BY ~ -'--~-~ ~ PRESIDENT SURETY ~ATTORNEY-IN-FACT Jay R Warner The Resident Agent of the Surety m Denton County, Texas for dehvery of not~ce and serwce of the process is NAME Douglas G Hotchkiss Hotchkiss Insurance Agency STREET ADDRESS 16475 Dallas North Parkway, Suite 220, Dallas, Texas 75248 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtvea person's name ) 2~12 CONTRACT&BONDS PB - 4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mae By These Presaets, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Canca¢flout corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania earporatton (here~n colisctlvely coiled "the CCC Surety Companies"), am duly organized and existing corporations having tha~r prin~pai offlb-~s ~n the CRy of Chicago, and State of Illinois, and that they do by virtue of the a~gnatore and seals herein affixed hereby make, constitute and appoint Dawd $ Saisv~t James E Collinsr Indwlduall¥~ of Kansas Ctt7~ Missouri Don H Holdsr~ Jn)~ R Warnerr Indlvidually~ of Lsaw~x~ Kansas Sha~/I J Mengel~ Indlvlduell)'r of Overland Parkr Kansas their true and iswfu Attomey(e)-In-Feat with ~11 power and authority hereby conferred to sign seal and exanute for and on their behalf bonds, undertakings and other obligatory Instruments of eimiisr nat~m - In Unllmltod Amounts - and to bnd them ths~y as fully end to the same e0(tont sa If eunh instruments were s~gned by a duly authonzed officor of thes corporations and all the ante of amd Attorney, pursuant to the authonty hereby given are hereby retBed and confirmed This Power of Attorney ia made and exesutsd pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indisated, by the Boards of Directors of the corporations In Wlthesa Whereof, the CCC Surety Companies have caused theae presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on thin 16th day of September 1998 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Marvin J Ceahlon Group Vice President Stats of Illinois County of Cook es On this 16th day of September , 1998 , before me personally came Marwn J Cesh~an ~ ma known, who, being by me duly swam, did depose and say that he rea~des ~n the CRy of Chicago Stats of Illinois, that he is a Group Vice Preaidant of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA descnhad In and which executed the above instrument, that he knows the seals of said corporations, that the seals afl'o(ed to the said instrument are such corpon~e seals, that they were so affixed pursuant to autflonty given by the Boards, of Dlreb-~re of said sorporationa and that he signed his name thereto pursuant to I~ke authonty, and acknowledges same to be the act and deed ~ said corporettona My Commission E,~olres March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A Rlbikaw~kis, Assistant Ssoretsry of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, end AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attm'ney harems above set forth is still In force, and further ~ that the By-Law and Resolution of the Board of Directors of each corporetlon printed on the reverse hereof are still in force In tsatimony whereof I have hereunto aubeonbed my name and affixed the seals of the said corporeUona this 19 dayof January 1999 AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Mary A R~bkawskis Assistant Secretary (Rev 1011/97) Authonz~ng By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY Thru Power of Attomey ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of tbs Company "Artiste IX*--Executlon of Documents Section 3 Appointment of Attorney-~n-fact The Chairman of the Bonrd of Dirs~rs, the President or any Executive, Semor or Group Vice President may, from time to time, appoint by written oartiticatea attorneys-In-foot to eof in behalf of the Company ~n the execubon of polbiea of insurance bonds undsrtakings and other obligatory Instrumsnte of like nature Such attorneys-~n-fa~ subject to the limitations · et forth In their respective oarbfloatea of authority shall have full power to bind the Company by their signature and exe~on of any auoh ir~umecte and to attach the ~eal of the Company thereto The Chairman of the Bcard of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previmmly given to any attorney-in-roof · This Power of Attomey rs signed and sealed by focalmde under and by the authority of the tolinv~ng Rscolution adopted by the Board of Direc~om of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved, ~at the signature of the President or any Execubve, Senior or Group Vice President and the seal of the Company may be aflf~ed by faoairnlle on any powsr of attomey granted pursuant to Section 3 of Artiois IX of the By-[awe, and the signature of the Secrstory or an Acaistant Secretary and the seal of the Company may be af~ed by la.mile to any uar'dflcato of any auoh power and any power or carbficate beanng Bush faoa~mlis signature and seal shall be valid and binding on the Company Any suoh power ec executed and sealed and certified by oerbficato so executed and sealed shall, vath respect to any bond or undertaking to whish it is atteohed, continue to be valid and binding on the Company ' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. This Power of Attorney rs made and executed pursuant to and by authority of the folisvang By-[aw duly adopted by the Board of Dirsc~ors of the Company "Arflote Vi~Exeeuflon of Obtigaflons and Appointment of Attorney4n.Fsot Se~on 2 Appointment of Attomsy-~n-fect. Ths Chmrmec of the Board of Dirsetors, the President or ecy Executive, Senisr or Group Vice President may, from time to t~ma appoint by written oaHfficatoe attorneys-in-fast to act In behalf of the Company in the exenubon of polislea of insurance, bonds, undertakings and other obl~atory instruments of like nature Such attomeye-ln-fact, subject to the llmltebone set forth In their reapac~ve certificates of authority, shall have full power to b~nd the Company by their slgnaturs and execution of any such Instruments and to attach the seal of the Company theret= The Prs~dant or any Executive, Senior or Group Vice President may at any bme revoke ell power and suthonty previously given to any attorney-in-fact" This Power of Attorney la afgned and sealed by faoa~mlle under and by the authonty of the following Resolution adopted by the Board of Directors of the Company at a rneat~ng duly called and held on the 17th day of February, 1993 "Resolved, that the signature of the President or any Executive, Senior or Group Vice President end the seal of the Company may be affixed by faoa~m~le on any power of attorney granted pursuant to Section 2 of An~Jols VI of the By-Laws, and ths mgrmture of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any oartiflcate of any euoh power and any power or oenttic~ate boanng such facsimile signature and seal shall be valid and binding on the Company Any such power es executed and sealed and certified by cartfficate so executed and sealed shall with respect to any bond or undertaking to Whloh ~t is attedm~cl, cont~noa to be valid end binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attomsy is made and executed pursuant to and by authority of tbs following Reaoluhon duly adopted on February 17, 1993 by the Board of Dirsdmrs of ths Company 'RESOLVED That the President. an Executive Vice President, or any Senior or Group Visa PrsSlbent of the Corporation may, fram time to time, oppo~nt, by written oarblicetea, Attomeye-~n-Fact to act m behalf of the Corporation ~n the executien of poll=sc of t~=urenca, bonds, undartekinge and other obligatory ~ng=umente of like nature Such Attmnsy-~n-Faet, subject to the llmit~orm set forth In their reapective oert~bm of authority, shall have full power to bind ths Corporsf~on by their signature and exe~on of any such instrument and to atteg=h the seal of the Corporation thereto The Preaidect, an Exeautwe Visa Provident, any Senior or Group Visa President or the Board of Dirsc~ore may at any time revoke al/power and authority prevloualy given to any Attomey-ln-Fact." This Power of Attomey is signed and sealed by facsimile under and by the authonty of the following Reeclution adopted by the Board of Directors of the Company at a meeting duly called and held on ths 17th day of February, 1993 *RESOLVED That the signature of the Prs~den~ an Executive Vice Preaident or any Senior er Group Vice Prsmbent and the ~eal of the Corporation may be affixed by facsimile on any power of attorney granted pumuant to ths Resolution adopted by this Board of Direc~e~s on Fsbruary 17, 1993 and the signature of a Secretary or an Ass~tant Secretary and the seal of the Corporatisn may be affixed by la.mile to any certificate of any such power, and any power or oarl~ficate bearing ec~h facaimlis s~gnature and seal shall be valid and binding on the Ccrpomaon Any such power so executed and sealed and certified by ~ so executed and sealed, shall with reapent to any bond or undertaking to which ~t ia attached continue to be vahd and binding on the Corporedon" WORK DAYS 30 BID NO 2312 $1 EEL PLA I'FOILM tRUCK SCALE PO NO __ BID TABULATION SIIEET PRICE $ / $ 1 Contractor's Warranties & 1 LS Understandings, 3,804 Mobfl~z .atmn Umt l'r~ce m Words Truck Scale Foundabon Umt l'nce m Wolds I11' x 100' Steel pla'~°rm 3 Truck Scale LS 34, z ! ! Unit Price ,n Words Lightning Protection Unit Price In Words TOTAL PRICEINWORDS F:l.f'by Two Thousand N~.ne Hundred Seventy - Four Dollars BID SUMMARY TOTAL BID PRICE IN WORDS Flfty Two Thousand Nine Hundred Seventy Four Dollars In the event of the award of a contract to the undersigned, the undersigned will furmsh 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 clanns 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 zn this proposal have been carefully checked and are submitted as correct and final Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions CONTRACTOR FAIRBANKS SCALES Su'eet Address DALLAS, TX 75220 City and State Seal & Authorization (Ifa Corporation) a' l%phon B-1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attent,on ,s directed to the insurance requ,rements below. It ,s highly reoommended that bidders confer with the,r respective insurance carr,ers or brokers to determine in advanoe of Bid submission the availability of ,nsurance certificates and endorsements as presoribed and provided here,n. If an apparent Iow bidder fails to comply strictly with the Insurance requ,remants, that bidder may be disqualified from award of the oontract. Upon bid award, all insurance requirements shall become contractual obl,gations which the successful b,dder shall have a duty to mainta,n throughout the course of th,s contract. STANDARD PROVISIONS: Without hm~t~ng any of the other obhgat~ons or hab~htles of the Contractor, the Contractor shall prov,de and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~nlmum ~nsurence coverage as ~nd~cated hereinafter As soon as prect;cable after notification of b~d award, Contractor shall file w;th the Purchas;ng Department satisfactory certificates of ~nsurence, conta,n~ng the b,d number and title of the project Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any ~nsurance requ,rements at any t~me; however, Contractors are strongly adwsed to make such requests pnor to b~d opening, since the ,nsurance requirements may not be modified or waived after b~d open,ng unless a wntten except,on has been submitted w~th the b~d Contractor shall not commence any work or deliver any meter,al unt,I he or she race, vas notification that the contract has been accepted, approved, and s,gned by the City of Denton. All ,nsurance pohc~es proposed or obtained ;n sat,sfact~on of these requirements shall comply w~th the following general specifications, and shall be maintained ~n compliance w~th these general specifications throughout the duration of the Contract, or longer, if so noted CI- 1 Each policy shall be issued by a company authorized to do business ~n the State of Texas with an A M Best Company rating of at least A Any deductibles or self-Insured retentions shall be declared ~n the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self-~nsured retentions with respect to the City, ItS officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers That such Insurance ~s primary to any other insurance available to the additional ~nsured w~th respect to claims covered under the policy and that this ~nsurance applies separately to each Insured against whom claim ~s made or suit ~s brought The Inclusion of more than one ~nsured shall not operate to ~ncreas, e the insurer's I~mlt of liability All policies shall be endorsed to prowde thirty(30) days prior written notice of cancellation, non-renewal or reduction ~n coverage Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required ~nsurance be provided under a form of coverage that Includes a general annual aggregate I~mlt providing for claims investigation or legal defense costs to be included In the general annual aggregate limit, the contractor shall e~ther double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance CI - 2 If the Comprehensive General L~ablllty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, ~t shall ~nclude at least Bodily ~njury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual liability (preferably by endorsement) covering this contract, personal injury I~ab~lity and broad form property damage liability [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than $1 MIIl~on ($1.000,000)) either m a single policy or in a combination of basic and umbrella or excess policies The policy will ~nclude bodily injury and property damage Imbll~ty arising out of the operation, maintenance and use of all automobiles an~ mob;le equipment used In conjunction w~th th~s contract Satisfaction of the above requirement shall be in the form of a policy endorsement for any auto, or all owned, hired and non-owned autos IX ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the m~mmum statutory requ,rements for issuance of such ~nsurance, has Employer's Llab~hty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The C~ty need not be named as an CI -4 Builders' Risk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded. Such pohcy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other ~nsurance may be required on an ~nd~v~dual bas~s for extra hazardous contracts and spemflc service agreements If such additional ~nsurance ,s requ~rad for a spec,ftc contract, that requirement wdl be described ~n the "Specific Condmons" of the contract spemflcat~ons ATTACHMENT 1 IX ] Worker's Compensation Coverage for Bu,lding or Construct;on Projects for Governmental Ent,t~es A Deflmt~ons Certificate of coverage ("cert~ficate")-A copy of a certificate of ~nsurance, a certificate of authority to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entlty's employees providing serwces on a project, for the duration of the project Duration of the project - ~ncludes the t~me from the beg~nmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowdmg services on the project ("subcontractor" ~n §406 096) - includes all persons or ent~t~es performing all or part of the services the contractor has undertaken to perform on the project, CI- 6 regardless of whether that person contracted directly w~th the contrac',or and regardless of whether that person has employees Th~s includes, without I~m~tat~on, ~ndependent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide serwces on the project "Serwces" ~nclude, without I~m~tat~on, providing hauling, or del~ver,ng equipment or matermls, or providing labor, transportation, or other serwce related to a project "Services" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehverles, and delivery of portable to~lets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and fll~ng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 I(44) for all employees of the contractor prowd~ng services on the project, for the duration of the project C The Contractor must prowde a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage per~od shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage per~od, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowdlng serwces on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity w~ll have on file certificates of coverage showing coverage for all persons providing serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ~f the coverage penod shown on the current certificate of coverage ends CI- 7 during the duration of the project F The contractor shall retain all requ,red certificates of coverage for the duration of the project and for one year thereafter G The contractor shell notify the governmental entity ,n writing by certified mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person prowd~ng services on the project H The contractor shall post on each project site a notice, In the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons prowd,ng serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person w~th whom ~t contracts to provide services on a project, to : (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fll~ng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of ,ts employees providing serwces on the project, for the duration of the project, (2) provide to the contractor, pr, or to that person beg~nmng work on the project, a certificate of coverage showing that coverage is being prov,ded for all employees of the person prov,dmg services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project, CI- 8 ASOR- - CERTIFICATE OF LIABILITY NSURANCE 1/27/99 pRODUCER THIS CERTIFICATE IS ISSUED AS A MAI I I:R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SEDG~ I C K 0 F FII S S0U R I , I NC ~IOLDER THIS CERTIFICATE DOES NOT AMEND EXTENPOR 2600 ~ R A ~ D B L V D S U [ T E 300 ALTER THE COVE~GE AFFORDED BY THE POLICIES 6ELOW NAN SAS C [ TY, fl0 64108 INSURERS~ORDINGCO~GE INSU~D ~NSURERA C ~ A / ] R S u r a ~ C e Fairbanks Scales Inc JNSURERO 821 L O C U S t ISURER D Kansas City M0 64106 ISURER E 5ItE POLICIES Of INSURANCE LISTED BELOW HAVE EEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN~ ANY REQUIREMENT ]ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ~Y BE ISSUED MAY PERTAIN THE ~NSURANCE AFFORDED BY THE POLICIES D~SCRIBED HEREIN IS SU~ECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID C~IMS ~ ~1~~ G L 195960 I 01 1 ~ i 1 / 9 ~ / 1 I / 0 ( EACH OCCURRENCE S I 000000 --~C~IMSMADE~ OCCUR MEDEXP (Anyonepemon) ~___ - -- - PERSONAL&AOVI~URY $ 1000000 GENERALAGGREGATE $ ~ 0 0 0 ~ 0 0 GEN L AGGREGATE LIMIT APPLIE~ PER PRODUCTS COMP/OP AGG A~MOBI~ ~1~ B U A 1959 6 0 146 I / 1 1 / 9 ~ 1/11/01 (E~COMBINED 8INGLE LIMtT~cc[dent) ~ ANYAUTO A11 States ex Tax; 1000000 --~ ALLOWNEDAUTOS ~ U A 1 9 5 9 6 0 1 7 7 BODILY~NJURY $ _~ NON OWNED AUTO ~ (Per ~ccldent) ~ ~ UAB~U~ ~UP195'960194 1/11/99 1/11/0 EACH OCCURENCE [000000 ~_IOCCUR ~--~C~IMSMADE AGGREGATE 1000000 ~ WOR~mmMPm~ONmD [{ClgSB60082 l/[l/9g 1/11/0 _~gBz~XI~CSTAT~ EMPLO~IU~ (GA,MI MN NJ,OR SC,t~I) ELEACHACCIDENT $ ~000000 ' ' ..... N C 195960227 E L DISEASE EACH EMPLOYEE (Ail 0the~ States ex Honop l~stlc) ELDISEASEPOLJCYLIM~ $ [000000 C~ty of Denton ~s additional ~nsuFed under general l~ab~l~ty w~th ',ERTIFICATE HO~ER j ~ AD~O~INSU~ INSU~ _ C~CE~TION O 901-B Texas Street Denton, TX 70201 ACORD 2~S ~/97) Page 1 of 2 Z - 4 B IMPORTANT If the cerbflcate holder is an ADDITIONAL iNSURED, the policy{ms) must be endorsed A statement on this certificate does not confer rights to the certificate holder In Imu of such endorsement(s) IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on thru cerbflcate does not confer r~ghts to the certificate holder In heu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse s~de of thru form does not consbtute a contract between the msu~l~g insurer(s), authonzed representative or producer, and the cerbflcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pohcles hsted thereon ACORD 25-S (7/97) Page 2 of 2 /9~ ~ m UNITED STATES AND CANADIAN WARRANTY Fairbanks Scales Inc (the "Company") warrants and a~'ees that if. within two years after installation or 30 months fi.om the date of shipment, whichever occurs first, any pm manufactured by the Company should fa~l because of defective material or workmanship m ~ts manufacture and the Company be notified promptly in writing of the nature of the defect. the Company will. 0f Buyer's account with the Company Js then and remains curt'em), repeat, replace such pert. ~ of charge, provided the Buyer pays ~'avel expense to and from the nearest Fmrbanks Scales Customer Support Center. or Fairbanks Authorized D~stnbutor. m the case of n replacement, shipping expenses from ~ts factory (Travel charges and shipping expenses so sncurred dunng the first 30 days following msufllat~on will be prod by the Company It is the Company's sole thscretlon whether to replace or repau' the scale covered under th~s warranty The Company reserves the right to replace any defective part or product w,th a repaired part or product from ~ts warranty stock Not w~thstandlng anythm$ contained hereto to the contrary, th~s wa~anty is voidable at the thscretlon of the company ~f the product has been installed by anyone other than the Company or an authorized d~str~butor of the Company or subject to m~suse, neglect handbag, accident or ~mproper repmrs or modifications Any warranties w~th respect to machinery, apparatus, aocessones, articles or materials not manufactured by the Company shall be hrnlted to those of the respective manufacturer thereof. ~f any. which the Company may be permitted to pass on to the Buyer Under th~s provision, the Company wdl be deemed to have manufactured only those amcles bannng the Company's name-plate or u'ndemark THE COMPANY'S WARRAN'I'I~S AS SET FORTH HEREI2q ARE EXCLUSIVE AND ARE IH LIEU OF. AND · BUYER HEREBY WAIVES. ALL OTHER WARRAN'I~.S. EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION. ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE UNDER NO CIRCUMSTANCES SHALL THE COMPANY HAVE ANY LIABILITY FOR LIQUIDATED DAMAGES OR FOR IHCIDENTAL. COLLATERAL. CONSEQUENTIAL OR SPECIAL DAMAGES OR FOR THE LOSS OF PROFITS. OR FOR ACTUAL LOSSES OR FOR LOSS OF PRODUCTION OR PROGRESS OF CONSTRUCTION. WH~ l'tIER RESULTING FROM DELAYS IN DELIVERY OR PERFORMANCE. BREACH OF WARRANTY. CLAIMS OF INCORRECT WEIGHING. CLAIMS OF OR FOR NEGLIGENT MANUFACTURE. ACTS OF GOD. OR OTHERWISE THE AGGREGATE TOTAL LIABILITY OF TH~ COMPANY UNDER THIS CONTRACT. WHETHER FOR BREACH OF WARRANTY OR OTHERWISE. SHALL IH NO EVENT EXCEED THE cONTRACT PRICE BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ALL CLAIMS BY THIRD PAR'I'mS. WHETHER FOR BUSINESS LOSS. PERSONAL IH.IURY OR OTHERWISE. WHICH EXTEND BEYOND THE FOREGOING LIMITATIONS ON THE COMPANY'S LIABILITY W00~0 Issue #1 ACOR_ D CERTIFICATE OF LIABILITY INSURANCE ~"~'DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR~TION ONLY AND CONFERS NO RIGHT8 UPON THE CERTIFICA~ SEDGt~[C~ 0F ~] SSOUR[, [ NC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTENDOR 2600 GRAND BLVD SUITE 300 ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW KANSAS C [ TY, HO 64~08 INSUR~RDI~E ~ iNSURERA C N ~ / [ n S ~ r a n c e INSURER B Fairbanks Scales [nc INSUR~C 82 I L O C U S t INSURERD Kansas Cfty ~0 64106 INSURER E C~GE8 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED NO~tTHSTA~CI' ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFI~TE ~Y SE ~SSUED MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU~ECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SLC POLICIES AGGRE~TE LIMITS SHOWN ~Y HAVE BEEN REDUCED BY PAID C~IMS ~ ~ G L 1 9 5 g 6 0 1 0 1 1 / 1 1 / 9 I / 1 1 / 0 ~c~l ~URRENCE $ 1 0 0 0 0 ) COMMERCIALGENE~[ UABIUTY FIREDA~GE{~yone tim) $ 5 0 0 0 0 eENE~LAaeREGATE $ I 0 0 0 0 0 0 A~~ B U A 19 5 g 60146 I / I I / 99 1 / 1 I / 0 ~MBINEDSlNGLELIMIT ~ ANYAUTO Ai I States ex Texi s ~ CUPIgSgS01g4 1/11/9~ 1/11/01 ~CH ~RENCE 1000000 _ I~ua ~c~,us~AD~ A6~R~AT~ 10~ o o 0 0 X RETENTION $ ] 0 0 0 I ~~ (GA, ME , HN , NJ, 0R, SC , NE ) EL ~CH~IDE~ ] 00000~ t~Cl05960227 C L DISEASE ~CH EMPLQYEI $ (Al I 0the~ States ex Honop list~c) City of De,ton ts additional insured under general liability with ~espect to scale work performed by the insured as required by contract o~ ag~eement,pe~ policy provisions SEE ATTACHED CANCELLAT[0N ADDENDUH ~lNaU~ elaURIm ~ CANCm ~ 4TION SHOULD ANY OF 1HE ABOVE DESu~m:L~ ~ BEGN~'~=~ eST-ORE THlaE~PIRRTX~N City of Denton Purchasing Oept 901-0 Texas Street R~r~ ACORD 25-8 (raT) Page 1 of 2 z - 4 § (o)ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pohcy(les) must be endorsed A statement on th~s certificate does not confer nghta to the certificate holder ~n I~eu of such endorsement(s) IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pohcies may require an endorsement A statement on this certificate does not confer r~ghts to the certificate holder m lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse a~de of th~s form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the cerhflcate holder, nor does ~t affirmatively or negatively amend, extend or alter the coverage afforded by the polmles hsted thereon ACORD 25-S (7/97) Page 2 of 2 CANCELLATION ADDENDUM Should any of the pohc~es certffied on the Certificate of Insurance to whmh th~s Addendum ~s attached be cancelled or non-renewed before the expiration date thereof, the ~ssmng Company wall mad 30 days written not~ce to the Certificate Holder named thereon, except m case of non-payment of premmm 10 days notme will be given