HomeMy WebLinkAbout1999-442ORDINANCE NO 9- ` 4A
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF ROOF REPAIRS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AND EFFECTIVE DATE (BID 2430
— REROOFING THE DENTON ELECTRIC PRODUCTION PLANT AWARDED TO CBS ROOFING
SERVICES, INC IN THE AMOUNT OF $45,500)
WHEREAS, the City has solicited, and received competitive sealed bids for the construction of
public works or improvements in accordance with the procedures of STATE law and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that the
herein described bids are the lowest respondent for the construction of the public works or improvements
described in the bid invitation, and plans and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction of public works or
improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office
of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2430 CBS Roofing Services, Inc $ 45,500
SSECTION II That the acceptance and approval of the above competitive sealed bid shall not
constitute a contract between the City and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, and insurance certificate after notification of the award of
the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice
to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions,
plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive sealed bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the _ day of ra kzL)l999
- t�-
- S�;� JACK R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROU/TY, CITY ATTORNEY
BY
BID 2430-CONTRACTUAL ORDINANCE (11-99)
Bid 2430
ATTACHMENT
TABULATION SHEET
w ri rn nm^r% nI AMY
iFf�i/f[:iL:kl
mt:KG0nrv%.7 CLGV rr.Vv +'•
VENDOR
VEND R
VENDOR
Na.
Ps ; 9 s �s
` " < <, � a
CBS
7ftofing
CD
J &J Roofing
Moisture Shield
c
ServiMcKamie
1 Bid Base- Reroof Area A
Total
$39,000
$41,795
$44,000
$49,866
$55,000
Alternate Bid4 Hook up drains on
2
adjoining roof areas
$6,500
$16,790
$11,000
$10,750
$7,500
Total
BID BOND
YES
YES
YES
YES
YES
GRAND TOTAL
$45,500
$58,585
$55,000
$60,616
$62,500
LLIDEC ,41999
CONTRACT AGREEMENT Mechanical, Inc
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 7 day of December A D , 1999, by
and between City of Denton of the County of
of Texas, acting through Michael W Jez
hereinafter termed "OWNER," and
CBS Roofing Services, Inc
DENTON
and State
thereunto duly authorized so to do,
5001 West University Dr
Denton, TX 76207
of the City of Denton, County of Denton 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
BID # 2430 - Reroofing at the Denton Electric Production Plant
in the amount of $45,500 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 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, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by
Armko Industries. Inc
all of which are made a part hereof and collectively evidence and constitute the entire contract
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 shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
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 claims and demands
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 tune 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
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
ATTEST
CITY OF DENTON
OW
BY
Lea f�' 7'
(SEAL)
ATTEST
AS TO FORM
CBS ROOFING SERVICES INC
CONTRACTOR
P 0 BOX 90207
DENTON TEXAS 76202
DENTON TEXAS 76207
MAILING ADDRESS
Purchase/Bondi m-nsFoms dm
Rev 8/99
CA-3
(940) 382-8974
FAX NUMBER
BY --
TITLE GENERAL MANAGER
STEVEN P. KRESS
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CBS Roofing Services, Inc
whose address is 5001 West University Dr , Denton, TX 76207
hereinafter called Principal, and
a corporation organized and existing under the laws of the State of 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 Texas, hereinafter called Owner, in the penal sum of Forty Five Thousand Five
Hundred and no/100 DOLLARS ($ 45,500 ) 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 Stites, 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 99-442, with the
City of Denton, the Owner, dated the 7 day of December A D 1999 a copy
of which is hereto attached and made a part hereof, for
Bid 2430 - Reroofing the Denton Electric Production Plant
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 winch 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
shall 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 one (1) year 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 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 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 4 copies, each one of
which shall be deemed an original, this the 7 day of December 1999
ATTEST PRINCIPAL
I: 1
SECRETARY
ATTEST
m
Im
PRESIDENT
SURETY
Im
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME
STREET ADDRESS
(NOTE pate of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PB-2
9 :. I N i 0I
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That CBS Roofing Services, Inc ,
whose address is 5001 West University Dr , Denton, TX 76207, hereinafter called
Principal, and , a corporation organized and
existing under the laws of the State of 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 Texas, hereinafter
called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon, the building or improvements hereinafter referred to, in the penal sum of
Forty Five Thousand Five Hundred and no/100 DOLLARS ($ 45,500 ) 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 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 99-442, with the
City of Denton, the Owner, dated the 7 day of December AD 1999 , a copy
of which is hereto attached and made a part hereof, for
Bid # 2430 - Reroofing the Denton Electric Production Plant
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, 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 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 4 copies, each one of
which shall be deemed an original, this the 7 day of December , 1999
ATTEST
M
SECRETARY
ATTEST
19 121611W."
: '1
PRESIDENT
SURETY
10
ATTORNEY -IN -FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME
STREET ADDRESS
(NOTE Date of Payment Bond must be date of Contract
corporation, give a person's name )
W-M
If Resident Agent is not a
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below Ills highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract Upon
bid award, all insurance requirements shall become contractual obligations which the
successful bidder shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least A
Any deductibles or self -insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured 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 insured the City of Denton, its Officials, Agents,
Employees and volunteers
•• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's limit of liability
• All policies shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• 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 insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance -
General Liability insurance with combined single limits of not less than
$1,000,000 shall be provided and maintained by the Contractor The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
• Coverage B shall include personal injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
• Bodily injury 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 liability and broad form property damage
liability
1XI Automobile Liability Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this 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
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limn for occupational disease The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance Policy hunts will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications
ATTACHMENT 1
[XI Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning 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 providing services on the project ("subcontractor" in §406 096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period 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 period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail 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
providing 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, mforming all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom it contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401 011(44) for all of
its employees providing services on the project, for the duration of the
project,
(2) provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing 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, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project,
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter,
(6) notify the governmental entity in writing by certified marl or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division
of Self -Insurance Regulation Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
PROJECT #2430
PAGE 1 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON, TX
NAME OF BIDDER CBS ROOFTN - REM9EMCES, INM
DA7 E NOVEMBER 16 1999
MS DENISE HARPOOL, PURCHASING
Cl TY OF DENTON
901-8 TEXAS STREET
DENTON. TX 76201
Dear Ms Harpool
The undersigned, in compliance with your advertisement for Bids for Reroofing on certain areas
of the following building
DENTON ELECTRIC PRODUCTION PLANT
1701-A SPENCER ROAD, DENTON, TX
REROOF AREA A
have examined the Drawings and Specifications, together with the related documents and all
conditions surrounding the work, and having visited the sites of the proposed work, hereby,
proposes to furnish all work in every detail in accordance with the Contract Documents within
the time set forth herein and at the prices stated below These prices shall cover all expenses
incurred in performing the work under the Contract Documents, of which the Proposal is a part
Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) in the amount of
5% , five percent (5%) of the bid
I (or we) acknowledge receipt of the following addenda
ADDENDA #1 i�, --(Initial)
ADDF_NDA #2 (Initial)
ADDENDA #3 (initial)
PROJECT #2430
PAGE 2 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON, TX
NOTICE TO BIDDERS
BID #2430
Sealed proposals addressed to the City of Denton, Purchasing Department, 901-8 Texas Street
Denton, TX 76201 will be received at the office of the Purchasing Agent until 2 00 P M ,
Tuesday, November 16, 1999, for reroofing certain areas of the Electrical Production Plant,
Denton, TX
There will be a mandatory Pre -bid conference on Wednesday, November 3, 1999, 10 00 A M , in
the Purchasing Department Conference Room located at 901-B Texas Street Bid
Specifications will be distributed to qualified prospective bidders at that time
The bids will be publicly opened and read, bids received later than the specified time and dale
will be returned to the bidder unopened The bids will then be officially reviewed and awarded
by the City Council as soon thereafter as possible
All bid proposals must be made on the printed document forms included in the specifications
The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and
after the date of the bid opening
No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in
any contract with the City of Denton
Minority and small business vendors or contractors are encouraged to bid on any and all City of
Denton, Texas projects
CITY OF DENTON, TEXAS
Denise Harpool
Purchasing
This advertisement to run on October 24 and October 31 1999
PROJECT #2430
PAGE 3 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON, TX
CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials,
Execution, Drawings, and Contract for Project #2430 and Conditions for Reroofing work, and
having examined the premises and circumstances affecting the work, the undersigned offer
OFFER 1 To furnish all labor, material, tools, equipment, transportation, bonds, all applicable
taxes incidentals, and other facilities, and to perform all work for the said reroofing for the
following area
BASE BID — DENTON ELECTRIC PRODUCTION PLANT — REROOF AREA A
MATERIALS TWENTY-FOUR THOUSAND DOLLARS
$ 24,000.00
LABOR FIFTEEN THOUSAND DOLLARS
15,000,,00
TOTAL THIRTY-NINE THOUSAND DOLLARS
$ 39.,000.00
ALTERNATE BID — HOOK UP EXISTING DRAINS ON ADJOINING ROOF AREAS
MATERIALS THREE THOUSAND EIGHT HUNDRED DOLLARS $ 3,800 00
LABOR TWO THOUSAND SEVEN HUNDRED DOLLARS $ 110000
TOTAL SIX THOUSAND FIVE HUNDRED DOLLARS $ 6,500 00
UNIT PRICE PROPOSAL
Remove and replace deteriorated naders $ 1 50 per linear foot
z Additional cost over and above the contract amount for replacing wet insulation
$__a_o& per square foot
install four inch (4") roof dram $13 00 each
Install four inch (4") PVC drain line complete with all connections, elbows, etc
$ 14.00 per linear foot
5 Additional cost over and above the contract amount for weekend or overtime requested by
the Owner $ 7 00 additional cost per man per hour
PRO JECT #2430
PAGE 4 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON. TX
QUALIFICATIONS 2 Contractor shall fill in below material manufacturer's company name of
materials being bid on
Coal -Tar Elastomenc Membrane (CTEM) ARMKO INDUSTRIES, INC
Luse Sheet .TOHNS-MANVTLLR COMPANY
Insulation CELOTEX
Felt JOHNS-MANVILLE COMPANY
Bitumen TRUMBULL ASPHALT PRODUCTS
EXAMINATION OF SITE 3 By signing the Proposal Form, contractor acknowledges he or an
authorized, representative has examined the roofs and is aware of all field conditions (rooftop
equipment, penetrations, roof drains, etc ) which may affect the work
Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this
proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to
deliver an Insurance Certificate, a SURETY BOND In the amount of ONE HUNDRED PERCENT
(100%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED
PERCENT (100%) STATUTORY PAYMENT BOND
The undersigned agrees to complete all work shown on the drawings and in the specifications
within the time limits set forth below subject to additional days that may be added due to
inclement weather and/or other justified and reasonable extensions or time as may be approved
by the Owner
Contractors that are awarded contracts shall be prepared to immediately sit down with the City
of Denton Representatives and present a plan that will Illustrate how progression of work is to
take place to insure completion of all work within specified time limits The time limits areas
follows
A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays,
in which weather or other conditions not under the control of the company will permit the
performance of the principal units of work underway for a continuous period of not less than
seven (7) hours between 7 00 A M and 5 00 P M For every Saturday on which the company
chooses to worts, one day will be charged against the working time when weather conditions will
permit seven (7) hours of work as delineated above A principal unit of work shall be that unit
which controls the completion time of the agreement Nothing in this item shall be construed as
prohibiting the company from working on Saturdays if it so desires If Sunday work is permitted
by the Owner, time will be charged on the some basis as weekdays
THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR
OF MAINTENANCE'S OFFICE
PROJECT #2430
PAGE 5 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON, TX
The undersigned agrees that the Owner may retain the sum ONE HUNDRED FIFTY DOLLARS
($150 00) from the amount to be paid to the undersigned for each calendar day that the work
contemplated remains Incomplete beyond the time set forth, Sundays and holidays INCLUDED
This amount is agreed upon as the proper measure of liquidated damages which the Owner will
sustain per day by failure of the undersigned to complete the work at the stipulated time, and is
not to be construed in any sense as a penalty
If a contractor is awarded the project, project must be completed with production averaging
1,500 square feet per day or contractor will be subject to liquidated damages as set forth below
Payment will be made to the contractor within thirty (30) days after receipt of written acceptance
of project completion from the Owner's representative, contractor's invoice, and all written
warranties from both contractor and manufacturer
I (or we) agree to promptly furnish a correct and current financial statement of condition with list
of owned equipment and an experience record of completed projects for examination by Owner
and architect, if same is required
SEAL (If by Corporation) RESPECTFULLY SUBMITTED BY
DONNIE MORROW
(Name)
SUPERINTENDENT
(Title)
5001 WEST UNIVERSITY DRIVE
(Address)
pownionmo•Y3li-
Indicate if ( ) Partnership (X) Corporation ( ) Sole Owner
If a partnership, list names and addresses of partners
It corporation, indicate state in which corporation was organized and is existing TEXAS
Principal Stockholders (Name and Address)
ToSE R S. MULROY PRESIDENT 119 RIDGECREST CIRCLE DENTON, TX 76205
MICHAEL C SCHLOEMAN VP 9490 JIM CHRYSTAL ROAD KRUM, TX 76249
PANIEL R. KRESS VP 12108 LAKESHORE CT SANGER, TX 76266
Bid Bond
Surety Department
KNOW ALL MEN BY THESE PRESENTS,
That we, CB Roofing Services, as Principal, hereinafter called the Principal, and the Hartford Fire
Insurance CgmDanv_, a corporation created and existing under the laws of the State of Connecticut,
whose principal office is in Hartford. CT, as Surety, hereinafter called the Surety, are held and finely
bound unto CUI of Denton. Texas, as Obligee, hereinafter called the Obligee, in the sum of Five percent
°k of amount bidDollars ($------------- ), for the payment of which sum, well and truly to be made,
the said Prmc pal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents
Whereas, the Principal has submitted a bid for
Re -roofing Denton Electric Production Plant
NOW THERTFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance
of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or
in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect
Signed and sealed this 16th day of November, A D 1999
Attest CBS Roofing Services
(PrinciP )
By (SEAL)
(TW DANIEL R. KRESS, VP
Witness
Hartford Fire Insurance Company
elY y ___ (SEAL)
e , Attorney -in -Fact
Form S-3266.4 Printed in U S A 12-70
}}f-�;,( {1�Wy i " {y
ACORDnn R\ a +I111FALTER
]�!{i� [ DATE (MM/DD/YY)
yl IN AN e....��. 12/1]/99
M !� ss tt � IF
PRODUCER
TUCKER AGENCY INC
P O BOX 2285
S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
ANY AMERICAN HOME ASSURANCE CO
A
FORT WORTH TX 76113
(0171 336-8520
INSURED
COB""" Al SOUTH INSURANCE COMPANY
CBS ROOFING SERVICES
5001 W UNIVERSTIY DRIVE
COMPANY NATIONAL UNION FIRE INS CO
C
DENTON TX 76207
COMPANY
D
�g
i 'i • *°'a K" > n. AiiA 1 `Jy'.8>.. ' B xY 2i i» i r`< >„ ., OV >.,> x
THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
LTR
TYPE OF INSURANCE
POUCYNUMBER
PDATE (MWDDNY)
WHPIR
DATE(EX
ED IM
LIMITS
OENERALLIABILITV
GENERAL AGGREGATE
000
PRODUCTS COMP/OP AGG
000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 7 OCCUR
9330630
09/01/99
09/01/00
PERSONAL B AOV INJURY
000
EACH OCCURRENCE
000
OWNER S& CONTRACTOR S PROT
FRE DAMAGE one fire)
000
A
X PER PROJECT AGGREGATE
MED EXP (Any one person)
F$2
000
B
AUTO
MOBILE LIABILITY
ANY AUTO
8260415
09/01/99
09/01/00
COMBINED SINGLE LIMIT
000
X
ALL OWNED AUTOS
BODILY INJURY
(Per person)
SCHEDULEDAUTOS
X
B
HIRED AUTOS
BODILY INJURY
(Per acciden0
--
X
E
NON -OWNED AUTOS
PROPERttDAMAGE
S
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
$ __
OTHER THAN AUTOONLY
ANY AUTO
-
EACHACCIDENT
$
AGGREGATE
C
EXCESSUAIN ITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
BE7018034
09/01/99
09/01/00
EACH OCCURRENCE
S 10 000 000
AGGREGATE
$ 10 300 a00
X WC STA U OTH
TO MIT ER
$
_ _
EL EACH ACCIDENT
EMPLOYERS LIABILITY
$ S00 000
ELOISEASE POUCYUMIT
IS Soo 000
A
THE PROPRIETOR/ X INCL
PARTNERSIEXECUTIVE
OFFICERS ARE EXCL
7083263
09/01/99
09/01/00
EL DISEASE EA EMPLOYEE
_
$ 500 oao
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLENSPECIAL ITEMS Re Reroofing at the Denton Electric Production Plant
City of Dentonr its OffiCialsf Agents, Employees and volunteers are additional insured on all policies except workers
compensation This insurance is primary "Said policy shall not be cancelled, nonrenewed or materially changed with-
out 30 days advance written notice being given to the owner except when the policy is being cancelled for nonpayment
premium case 10 days advance written notice is required." Waiver of subrogation in favor of City of Dento
jof
l�lti;nwhich
{i� •M�'1 R f'lMlnM� >�' OJl l) to Y�iih' M<h if��T V >0. van IO p\<Yi �iH >b4 %
v �ASa` i
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF DENTON
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
221 N ELM STREET
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
DENTON TX 76201
OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
OBIN TUCKER
i x <
OACOMANorOICN 1088
R11,x1iCdIK+FV"w 4xry 1'
PERFORMANCE* BOND
STATE OF TEXAS g
COUNTY OF DENTON §
Bond #46BCSAB7275
KNOW ALL MEN BY THESE PRESENTS- That �CBS Roo{{��gg Sam=
whose address is 5001 'West Uaivers Dr. Denton, TX'" w
hareh afmr tailed Principal, and Hartford Fire InsuncCom nnan
a corporation organized and aisaog under the laws o ra
the iee Coecticut , and
fully authorized w transact business is the State of Texas. as Surety, are hold ftimly �aund
unto the City of Deartm, a municipal eocporstion orpMed and exiadng under the laws of the
State of Texas, herelnafm called Owner, in due past sum of Forty Five Thousand Five
Hundred and no/100 DOLLARS (S 45,500 ) plus ten percent o e stated penal sum as an
ad 500 sum of money rapseseniing a&i onsl coin expenses, atwtneys' fees. and hgmdated
damages arising out of or eoonectati with the below identified Coatrect, in lawful money of the
United States, to be paid to Denton County, Texas, for the payment of which stint wail and
ably to be rustic, we hafeby bind ourselves, our hews, executors, administrators, successors,
and assigns, Jointly and severally, Rtmly by throe presents This Bond shall sutomaucally be
increased by the amount of any Change Order or Supplametdal Agreement which increases The
Contract price, but in no event shall a Change Order or Supplmental Agreetoeat which
reduces the Contract price decrease the penal awn of this Bond
THE OBLIGATION TO PAY SAME is coa&rAoncd as follows. Whereas, the
Principal entered taro a certain Contract, identified by Ordmance Number 99-142, with the
City of Daaton, the Owner, dated the 7 day of December A D 1999 a copy
of which is hereto attachad and made a peroof, far
Bid 2430 - Reroofing the Demos Electric Production Plant
NOW, THEMFOR.E, if the Principal shall Well, truly and faubfully perform and fulfill
all of the uodecfakmgs, covenants, terms, conditions and agreements of sod Contract in
accordance with the Plans, Specific stions and Contract Doct mom during the onguial term
thereof and any oxteaston thereof which may be granted by the Owner, wtth or witbout nonce
to the Sur0ty, and during the life of any guaranty or wanamy requited under this Contract, and
shall also well and truly perform and fulfill all the undartaldags, covenants, terms, conditions
and agreements of any and all duly avtlwrind modifications of said Contract That may
hereafter be made, notice of which rnodiftations to the Surety being hereby waved, and, if the
Principal shall repair andtor replace all defects due to faulty matanala and workmanship that
appear within a petsod of one (1) year from the date of final completion and final acceptance of
The Work by the Owe, and, if the Pimdpal shall fully codemnify and save harmless the
Owner from all costs and damages Which Owner may suffa by reason of failure to so perform
herein and shall billy reimburse and repay Owner all outlay and expense which the Owner may
sour In alaiaog good Any deffsalt or dcficreney, then this obligation shalt be void, otherwise, it
shall recosm m full fora end effect
PB-1
PROVIDED FURTM?4 that if any legal action be (tied upon this Bond, exclusive
venue shall ke to Denton County, Stale of Texas,
AND PROvMED FURTEmR. that this said Surety. for value recerved. hereby
stipulates and agrees chat no change, extension of time, alteration or addition to the tarns of
the Contract, or to the Work to be performed thereunder, or to the Plans. Spcceficatwns,
Drawings, i etc , accompanying the seats. SW in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, emnswn of tome, alteration or addition to
the teams iof the Contract, or to the Work to be performed thereunder, or to the Plans,
Spet i5cxnons, Drawings, ow
This Bond is given pursuant to the provisions of Chapter 2253 of the Taxes
Goverumeiu Code, as amended, and any other applicable statutes of the State of Texas
The uoderaigned and designated agemt is hereby designated by the Surety herein as the
Resideet 4ent to Denton County m whom any requisite noaces may be delivered and on
whom service of process may be lead in matters an4ng out of such suretyship, as provided by
Article 7 19-1 of to lnmmw= Code, Vernoa's Annotated Ctvd Statures of the State of Texas
IN WITNESS WEREOF, tills i amunem is exewted in 4 copies, each one of
wbech sho be deemed an origlaal. this the 7 dsy of December _ , 1999
PRINCIPAL
CBS Roofing Services
BY P� M JOSEPH S MULROY
WITNESS: SURETY
Hartford Fire Insurance Company
BY a:L'4�
racy uc[cer
The Restdent Agent of the Surety in Dallas County, Texas for delivery of notice and service
of the process is.
NAME William Lawrence Brown
STREET, ADDRESS 10300 N Central Expy #580 Dallas, TX 75231-8630
(NOTE Date of Performanes Bond mun be date of Contras if Resrdem Agent is nor a
wrpormton, gyve a person's Now.)
PE-2
PAYMENT BOND Bond Ii46BCSAE7275
STATE OF TEXAS
COUNTY OF DENTON iF
KNOW A1.1, MEN BY THESE PRESENTS That CBS Roofing Services
whose address is 3001 West University Dr , Denton, TX 76207, hereinafter called
Principal. and Hartford Fire Insurance Company a corporation organized and
exsung under the ws of rba State of Connecticut, and fully authorized to iransw:t business
m the State of Texas, as Surety, are and bound tttirn the Cary of Denton, a
municipal corporarton organized and existing under the laws of die Stare of Texas, beresi after
called Owner, and unto all persons. firms. and corporahoas who may furnish materials for, or
perform labor upon, the balding or improve mera heteloattar referred to, m The penal sum of
Forty Five Thousuud�Five Rundted and mW 100 DOLLARS ($ 43,300) m lawfulmoney of
the nitedJ� 'States, to be paid In ott�iwty, Texas. for the payment of which sun well
and truly to be made, we hereby bind ourselves, our heirs, extsntots, administrators,
micemsors, and assigns, jointly and severally, firmly by these presents Tbn Bond shall
auft=cally be mcteased by rho amount of any Change Order or Supplemental Agreement
which increases the Cowt= price, but m no event shall a Change Order or Supplemental
Agreement which retlnees the Contract price decrease the petal stun of tha Bond
THE OBLIGATION To PAY SAME s cou tttomd as follows Whereas, the
Principal entered into a crania Conaact, idemifiad by Ordmance Number 99-442, with the
Cuy of Denton, the Owner, dated the 7 day of December A D 1999 , a copy
of which is hereto attached and made a ja—a e�teof, for
Bid N 2430 - Reroofing the Denton Electric Production Plant
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform it& duties
and make prompt payment to all persons, fim, subcontractors, corporations and claimants
supplying ,labor and/or rustenal in the prosecution of the Work provided for in said. Contract
and any and all duly authorised modifications of said Contmt that may bauf= be trade,
notice of which modifications to the Surety being hereby expressly waived, then the obligarioa
shall be void. otherwise a shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall he m Denton County, Texas
AND PROVIDED FURTHER, that the said. Surety, for value tecesvetl, hereby
stipulates and agrees that no change, etension of time, atseranon or addition to the terms of
the Contract, or to the Work to be performed rhereuader, or to the Plans, Spectfusuous.
Drawings, etc , accompanying the same, shall in anywise affect its obligation on the Bond,
and it does hereby waive nnhCE of any such change, extension of time, alteration or a"tion to
the terms of the Courtact, or to the Work to be performed thereunder, or to the Plana.
Specifications, Drawings, etc.
PB-3
This Bond is gtven pursuant to the provisions of Chapter 2253 of the Texas
GovetAment Code, as amended, and any other applicable statutes of the Slate of 'I exas
The undersrgnod and designated agens is hereby designated by the Surety hems as the
Resident Agent in Denton County to whom any requisite oodces may be delivered and on
whops service of process may be bad in usurers artamg out of such suretyship, as provided by
Article 7 I9-1 of the Insurance Code, VaMn's Annotated Civil Statutes of the State of Texas
1N WITNESS WHEREOF, tbrs Mkrument is executed in 4 copies, each one of
which shall be de=uW an original, this the 7 day of DeceiiFe 1999
woll%I1a►.�_ . �l
WITNESS
PRINCIPAL
CBS Roofing Services
FRESWNT OSEPH S LROY
�UA'V:y�
BY Hartford Fire Insurance Company
Y_
The Resident Agent of the Surety in DallasCounty, Texas for delivery of nonce and service
of the process U.
NAME William Lawrence Brown
STREET ADDRESS 10300 N Central Expy #580 Dallas, TX 75231-8630
(NOTE Date of Payment Bond muse be dire of Contmcr If Resident Agent is not a
corporiaion. give a person's nexte.J
PB-4
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY a corporation duly organized
under the laws of the State of Connecticut and having Its principal office in the City of Hartford County of Hartford Stale of Connecticut
does hereby make constitute and appoint
TRACYTUCKER, 70BIN TUCKER and W LA WRENCE BRO WN
of FORT WORTH, TEXAS
Its true and lawful Attomei in Fact with full power and authority to each of said Attorneys) in Fact in their separate capacity if more
than one is named above to sign execute and acknowledge any and all bonds and undertakings and other writings obligatory in the
nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust
guare'inteeing the performance of contracts other than Insurance policies guaranteeing the performance of insurance contracts where
surety bonds are accepted by states and municipalities and executing or guaranteeing bonds and undertakings required or permitted in
aIt a0lons or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same
extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of
HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers and hereby ratifies and confirms all
that its said Attomai in Fact may do in pursuance hereof
This Power of Attorney Is granted under and by authority of the By Laws of HARTFORD INSURANCE COMPANY (the Company ) as
amended by the Board of Directors at a meeting duly called and held on July 9 1997 as follows
ARTICLE IV
SECTION 7 The President or any Vim President or Assistant Vice President acting with any Secretary or Assistant Secretary shall have power
and avthortty to sign and execute and attach the net of the Company to bonds and undertakings recongmzances contracts of indemnity and other
writings obligatory in the nature thereof and such Instruments so signed and executed with or without the common seal shall be valid and binding upon
the Company
SECTION 8 The President or any Vice President or any Assistant Vim President aping with any Secretary or Assistant Secretary shall have
power, and authority to appoint for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof
one of more resident Vice Presidents resident Asmatent Secretaries and Attorneys in Fed and at any time to remove any such resident Vim President
resident Assistant Secretary or Attorney in Fact and revoke the power and authority given to him
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors
of HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February 1993
Real that the signatures of sum Came and the Sol of the Company may be affixed to any such power of momey or to any cmddcete relong Marco by
recall and any ouch power of attomey or canMcate buffing such raaimib signatures or famunhe seal shell be valid and binding upon me Company and any such powm $o
executed and cartlfled by Ueeimile signatures and m imps mat shall be valid and binding upon Me Company in the future with respect to any bond or undertaking to which a is
attached
In Witness Whereof HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice
President and Its corporate seal to be hereto affixed duly attested by its Secretary this 15th day of September 1997
Attestt HARTFORD FIRE INSURANCE COMPANY
.4616.ae4�w�.,ao.- SEAL 1 16UAk,
di�
Richard A Hermanson Secretary John F Burke Assistant Vice President
STATE OF CONNECTICUT
SS
COUNTY OF HARTFORD
On this 16th day of September A D 1997 before me personally came John F Burke to me known who being by me duly swam did
depoge and say that he resides in the County of Hartford State of Connecticut that he is the Assistant Vice President of HARTFORD
FIREII INSURANCE COMPANY the corporation described In and which executed the above Instrument that he knows the seal of the
said corporation that the seal 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 /��/�� �,
STATE OFCONNECTICUT /\1�s,?,���,�►}J �""'e'
SS. a ®e/ • 4 J.mix worn wi
�+�' Notaryp&l.
COUNWOFHARTFORD CERTI ICATE MY Cortmal Expuss hina 301999
I the undemigned Secretary of HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporation DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked end furthermore that Article IV
Sections 7 and 8 of tho By Laws of HARTFORD FIRE INSURANCE COMPANY set forth in the Power of Attorney are now in force
Signed and sealed at the City of Hartford Dated the 7 tb day of December 19 99
aa�
Robert L Post Secretary
Form 8J5e7 9 (xF) Frtnrod in U S A