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HomeMy WebLinkAboutResolution - 1279 - Contract - Winko-Matic Signal Co - Signal System Equipment - 12_09_1982SMH:da RFg0T.TTTT0W RESOLUTION 1279 - 12/9/82 Bid #7044 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock having considered the bids for the Computer, Peripheral Equipment and Communications for the Lubbock Signal System deems that the best bid for said project is by Winko-Matic Signal Company in the amount of Five Hundred Ninety -Eight Thousand Four Hun- dred and Forty One Dollars and Ninety -Three Cents ($598,441.93); and THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract be- tween the City of Lubbock and Winko=Mat�c Signal Company for the Computer, Peripheral Equipment and Communications for the Lubbock Signal System, at- tached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council thisSth day of necemher ,1982. -ALAN HENRY, Mayor ro Tem ATTEST:. Ev lyn Gaf a, City Se e reasurer APPROVED AS TO CONTENT: Larry V. ffman, r is and Transportation Director APPROVED AS TO FORM: . �6� Susan M. Horton, Assistant City Attorney h RESOLD ION 1279 - 12/9/82 '2d, 5ty CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK 11 V('PFT.AQv-TRFA5UF?FR I THIS AGREEMENT, made and entered into this 9th day of December , A.D. 1982, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Winko-Matic Signal Ccu parry of the City of Avon Lake and State of Ohio County of Lorain , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Furnish and construct the Lubbock Signal System with associated equipment: Computer, Peripheral Equipment and Communications. and all extra work in connection therewith, under the terms as stated in the contract documents 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 contract documents as defined in the General Conditions of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) BY: / *_e�_ e2--L, 4& A AN HENRY," ENR May ro 7em ATTEST: yn GAffg,-; C APPROVED AS TO Jim Aertam, Assistant City Manager forktjOning and Development Services APPROVED AS TO FORM: "wry ). ka Susan M. Horton, Asst. City Attorney TITLE: President COMPLETE ADDRESS: 659 Miller Road Avon Lake. Ohio 44012 TO: CITY OF LUBBOCK Lubbock, Texas THIS IS TO CERTIFY THAT CERTIFICATE OF INSURANCE Winko-Matic Signal Company DATE: Dec. 9, 1982 Type of Project: Signal System Computer, Peripheral Equipment and %mmunications Name and Address of Insured is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accor- dance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability or en -s Compensation PCS 99 20 16 5/1/82 5/l/83 $100,000.00 Owners Protect- Per Person 500,000.00 tive or Contingent Per Occurrence $ 500,o00..00 Liability CBP 91 78 58 6/13/82 6/13/83 Property Damage $ 5oo,0o0.00 Contractor's Protec- Per Person. 500,000.00 tive or Contingent Per Occurrence $ 500,000.00 Liability Property Damage $ 500,000.00 CBP 91 78 58 6/13/82 6/13/83 Automobile Per Person Per Occurrence CBP 91 78 58 6/13/82 6/13/82 property Damage The foregoing Policies do not cover all sub —contractors. $ 500,000.00 $ 500,000.00 $ 500,000.00 Locations Covered: DESCRIPTION of Operations Covered Furnish and construct the Lubbock Signal System with associated equipment: Computer, Peripheral Equipment and Communications. The above policies either in the body thereof or by appropriiate endorsement provide that they may not be changed or cancelled by the insurer in 'less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of can- cellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. c STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE. REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that Winko-Matic Signal Company 659 Miller Road, Avon Lake, Ohio 44012 (Hereinafter called the Principal(s), as Principal(s), and Firemen's Insurance Company of Newark, New Jersey (hereinafter called the Surety(s), as Surety(s) are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Hundred Nine eight Thousand Four Hundred Forty-one Dollars and ninety-three cents. Dollars ($ 598,441.93 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, exe- cutors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Prfncipal has entered into a certain written contract with the Obligee, dated the 9th day of December 19 82 , to furnish and construct the Lubbock Signal System - Computer, Peripheral Equipment and Communications and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract 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 faithfully perform the work in accordance with the plans, speci- fications and contract documents, 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 Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provision of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal(s) sealed this instrument this 9th day of I Firemen's Insurance Company of Newark, New Jersey Surety By: "ety( have signed and ,1982 ;6�atic Signal Company ncipal t 41A_ resident Title By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Ralph Hamm, 4205 Beltway Drive, Dallas, Texas an agent resident to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Firemen's Insurance Company of Newark, New Surety Jerse *By: Wi iar4r��) ce, tle Attorney i Fact Approved as to Form. City of Lubbock�11 y�, By: bM14, 1• I" hssf . City attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Performance Bond - Page 2 1,iremen6s Insurance Company of Newark, New Jersey 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these PreSentS,That the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEI JERSEY has made. constituted and appointed. and by these presents does make, constitute and appoint Thomas B. McGowan or Thomas B...MeGowan, III or William E. Squance or Lucell N. Records all of Rocky River, Ohio, EACH its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bond undertakings and contracts of suretyship to be given to all obligees provided thAt no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount thl sum of Ten Million ($10,000,000.) Dollars, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet ing duly called and held on the 20th day of February. 1975. "RESOLVED, that the Chairman of the Board. the Vice Chairman of the Board. the President. an Executive Vice President Ora Senior Vice Pres ident or a Vice President of the Company, be. and that each or any of them hereby is. authorized to execute Powers of Attorney Qualifying the allot ney named in the given Power of Attorney to execule in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY• bonds. under takings and all contracts of suretyship. and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any of them here by is. authorized to atlest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anI certificate relaling thereto by facsimile, and any such Power of Attorney or cenificate bearing such facsimile signatures or facsimile seal shall be valiC and binding upon the Company when so affixed and on the future with respect to any bond. undertaking or contract of suretyship to which it is attach ed.- In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Asistant Vice Presidents this 3rd day of January, 1979 FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY Attest. By r - T H. Stephens. Assistant Vice President �;�.� ..,��` U.I. Ford. V.ce•Pres.aent STATE OF NEW YORK, Its.: COUNTY OF NEW YORK, On this 3rd day of January. 1979. before me personally came M.L. Ford, to me known, who being by me duly sworn, did depose and say that he resides in Summit, in the County of Essex. State of New Jersey, at 768 Springfield Avenue; that he is a Vice -President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 49� raf,�-Ilz�'44 .Or•r'•.et 1 - ETHELTARANTO NOTARY PUBLIC. SI]le of New Tort CERTIFICATE No 24-4663111 Ouaf to Kings County Commission Erpucs Matcn 30 isiE L I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY. a New Jersey corporation. DO HEREBY CERTIFY that -the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of t e Board of i ectors. 1 forth in the said Power of At- torney, is now in force. Signed and sealed at the City of New York. Dated the 9 day of 19 Ja—es sA Kean• Ass -,tang Set-411ars, s UNITED STATES FaDR STATE OF TEXAS UAIRANTY COMPANY Company)(A tock TEXAS STATUTORY PAYMENT BOND (Penalty of this band must be 100% of Contract amount) COUNTY OF BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: That Pharr & Pharr Enterprises Lubbock, Texas (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, Texas (hereinafter called the Obligee), in the penal sum of Two Hundred and Four Thousand Nine Hundred and no/100 Dollars ($ 204,900.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ' 31st day of January _, 19_83 a copy of which is hereto attached and made a part hereof, for Signal System Control Center and operations Adjustment Center Lubbock, Texas 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 prosecution of the work provided for In said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis- lature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the some extent as If it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this D. Pharr & Pharr -Enterprises (Seal) 7DSTATLCFIDELITY (SeanUNAND GUARANTY COMPANY 4 - _ By ur is Coxon Attorney �ealct Contract 814 (Tema) (6-69) "° F_ F\OWTY.�,VO UNITED STATES FIDEE,I N UAR ANTY COMPANY rr (A Stock Company) TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF BOND NUMBER ............................ KNOW ALL MEN BY THESE PRESENTS: That..... Pharr &Pharr Enterprises ................................................. Lubbock, Texas ................................................................................................. (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM- PANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto ..........�ity of Lubbock, Texas ........................................ ..................... (hereinafter called the Obligee), in the penal sum of..... TFq . Hundred, and..?our .Thousand....... . ....... Nine. Hundred .and no/100 .......................................................Dollars ( 204, 90.0.. 00 .._ ...) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14s .......day of... ,January, .........19.. P, a copy of which is hereto attached and made a part hereof, for Signal Systen Control Center and Operations Adjustment Center Lubbock, Texas NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, 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, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Ala ... day of...J.anparY.......... 19.0A. Pharr Phar Enterprises (Seal) ..... ............. . ............ (Sea 1) UNIT�b STAT� FIDELITY AND GUARANTY COMPANY GG By.... ..... •.(Seal) Cu oxon Attorney -in -fact —Contract 21 8 (Texas) (6-68) CERTIFIED COPY GENERAL POWER OF ATTORNEY No...... 918 k 1....... ................ Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Curtis Coxon of thecityof Lubbock , State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and conforms all and whatsoever the said Curtis Coxon may lawfully do in the premises by virtue of these presents. In Witness Whereo/, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to he sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 12 t h day of June ,A.D.1981 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) Br,,,.,.. Robert E. DeNi$e ................. Vice -President. (SEAL) (Signed) ........Robert G.. Bruce......' .. ........... Assistant Secretary. STATE OF MARYLAND. as: BALTIMORE CITY, On this 12 t h day of June , A. D. 19 83. before me personally came Robert E . D e 14 i k e , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G . Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said R o b e r t E . D e N i k e and Robert G. Bruce were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. 82 My commission expires the first day in July, A. D. 19...... {SEAL) (Signed) ,,,,Margaret M. Hurst Notary Public. STATE OF MARYLAND Set. BALTIMORE CITY. h Char 1 e s W . Mackey, J r . , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M . Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testirnonr Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore Ci , the same being a Court of Record, this 12 t h day of June , A. D. 19 81 (SEAL) (Signed) Charles W. Ma . . ckey, Jr. ............................................ Clerk of the Superior Court of Baltimore City. FS s (6-77) ";•° VAL oral M NAME AND ADDRESS OF AGENCY HIBLER-INCE AGENCY P . 0. Box 6708 Lubbock, Texas 79413 NAME AND ADDRESS OF INSURED PHARR & PHARR ENTERPRISES 907 N. Ave. Q Drive Lubbock, Texas 79401 COMPANIES AFFORDING COVERAGES COMPAN LETTER Y A UNITED STATES FIDELITY & GUARANTY COMPANY LETTER COMPANY LETTER COMPANY Q LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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. Limits of Liabillty in Thousan 5 COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 500, $ 500, FRI COMPREHENSIVE FORM IR PREMISES -OPERATIONS PROPERTY DAMAGE $ 300, $ 300, ❑ EXPLOSION AND COLLAPSE A HAZARD ❑ UNDERGROUND HAZARD ® 9i;[ XXY,,/COMPLETED 1CCO17133292 4-20-83 OPERATIONS HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ x BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS ,PERSONAL INJURY $ ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) E 300: ® COMPREHENSIVE FORM BODILY INJURY s 500 A OWNED 1CC017133292 4-20-83 (EACH ACCIDENT) PROPERTY DAMAGE s 300 HIRED INJURY AND 0j� NON-OWNED 3[J PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY _. A and 1851576827 4-20-83 EMPLOYERS' LIABILITY a 100 9 000 '(EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES State of Texas General Contractor Job: Signal System Control Center & Operational adjustment center Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named certificate holder, &&fd& NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79408 Attn: Floyd Nesbitt ACORD 25 HIBLER— . Hibler NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Coxon & Compan6 Box 6665 COMPANY LETTER A Canal Insurance Company Lubbock, Texas 79413 COMANY p LETTPER B Firemans Fund Insurance Company NAME AND ADDRESS OF INSURED Pharr & Pharr Enterprises LETTER 907 N. Ave. :'Q Drive Lubbock, Texas 79401 ETTERNY D COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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. Limits of Liability in Thousands COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY E E ❑ COMPREHENSIVE FORM ❑ PREMISES -OPERATIONS PROPERTY DAMAGE E E EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE E E ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY E ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY E ❑ COMPREHENSIVE FORM (EACH PERSON) BODILY INJURY $ ❑ (EACH ACCIDENT) OWNED PROPERTY DAMAGE E ❑ HIRED ❑ BODILY INJURY AND NON -OWNED PROPERTY DAMAGE E COMBINED EXCESS LIABILITY XS 008675 4/20/83 BODILY INJURY AND 1,000 A UMBRELLA FORM PROPERTY DAMAGE $ E ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY 3 (EACH ACCIDENT) OTHER B uilders Risk MSF 50782338 until cancelled asper value DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above desc&d policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice Shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: January 31 1983 DATE ISSUED: Floyd Nesbitt City Purchasing Agent C Texas LifibocM, t f AUTHORIZED REP ENTATIVE Curt Coxon ACORD 25 (1.79) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be It Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, tiled or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, . Theodore G. Parks an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Curtis Coxon - of Lubbock, Texas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on the 31st of January, 1983. ( Date ) q................ .................. ....... Assistant Secreturr.