HomeMy WebLinkAbout1995-135ORDINANCE NO. /,5--1 6-
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
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 responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" 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
1769 DBR CONSTRUCTION INC. $151,043.00
SECTION II. That the acceptance and approval of the above
competitive bids 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 Bid
Proposals, 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 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 low
day of ,1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP VED S TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: \'
,li �V
DATE: AUGUST 1, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1769 - SINGLE FAMILY HOME CONSTRUCTION
RECOMMENDATION: We recommend this bid be awarded to the low bidder, DBR
Construction, in the total amount of $151,043.00.
SUMMARY: This bid is for all materials and labor involved in the construction of
two single family homes on Windsor Street for the Community Development Office.
Two bid proposals were received in response to twenty-three notices to bid mailed
to prospective contractors.
BACKGROUND: Tabulation Sheet, Memorandum Barbara Ross dated 7-10-95.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development
Office, Planning and Development Division, Citizens of Denton.
FISCAL IMPACT: Funds for this project will come from Affordable Housing Funds
(AFFH) and H.O.M.E. Funds, account numbers 213-005-AFFH-8502 and 212-005-
HM13-8502.
pectfully submitted:
Lloyd V . Harrell
City Manager
Prepared by:
Name: Denise arpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
617.AGENDA
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CITY OF DENTON, TEXAS 100 WEST OAK • SUITE 208 • DENTON, TEXAS 76201 • (817) 383-7726
Community Development Office
MEMORANDUM
To: Tom Shaw, Purchasing
From: Barbara Ross, Community Development
Date: July 10, 1995
Subject: Single Family Home Construction Bid
The Community Development Office would like to accept the bid of DBR Construction for
the housing construction at 901 and 907 Windsor. The total bid by DBR was $151,043.
Enclosed is a revised purchase requisition for the project. We are requesting that the PO be
setup to use funds from both accounts on each project. We will be using $31,000 in
affordable housing (AFFH) funds on each project. The balance on each will be paid with
HOME funds.
Please put the project on the city council agenda when possible. Give me a call at ext. 7235
if you have questions or need additional information. Thank you.
Barbara Ross
xc: Frank Robbins, Executive Director for Planning & Development
"Dedicated to Quality Service"
. j:\wpdocs\k\contract.frm
THE STATE OF TEXAS
COUNTY OF DENTON
CONTRACT AGREEMENT
0
0
THIS AGREEMENT, made and entered into this the 8 day of
MARCH A.D., 19 95 , by and between the City of
Denton of the County of Denton and State of Texas, acting through
LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER", and
DBR CONSTRUCTION COMPANY
521 NORTH LOCUST STREET
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 bearing even
date herewith, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID k 1769 - SINGLE FAMILY HOME CONSTRUCTION
IN THE AMOUNT OF $1S1,043.00
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at its (his
or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, in-
surance, 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 Con-
ditions, the Notice to Bidders (Advertisement for Bids), Instruc-
tions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
all maps, plats, blueprints, and other drawings and printed or
Page 1
written explanatory matter thereof, and the Specifications here -
fore, as prepared by CITY OF DENTON COMMUNITY DEVELOPMENT STAFF
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
Contractor to Comply with Federal Regulations
A. The work to be performed under this contract is on a pro-
ject assisted under a program providing direct Federal financial
assistance from the Department of Housing and Urban Development and
is subject to the requirements of section 3 of the Housing and Ur-
ban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section
3 requires that to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the
area of the section 3 covered project, and contracts for work in
connection with the project be awarded to business concerns which
are located in, or owned in substantial part by persons residing in
the area of the section 3 covered project.
B. The parties to this contract will comply with the provi-
sions of said section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in 24
Part CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this contract. The
parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from com-
plying with these requirements.
C. The CONTRACTOR will send to each labor organization or re-
presentative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative of
the commitments under this section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
D. The CONTRACTOR will include this section 3 clause in every
subcontract for work in connection with the project and will, at
the direction of the applicant for or recipient of Federal finan-
cial assistance, take appropriate action pursuant to the subcon-
tract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Develop-
ment, 24 CFR Part 135. The CONTRACTOR will not subcontract with
any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135
and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with
Page 2
the requirements of these regulations.
E. Compliance with the provisions of section 3, the regulat-
ions set forth in 24 CFR Part 135, and all applicable rules and
orders of the Department issued thereunder prior to the execution
of the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the applicant or
recipient, its contractors and subcontractors, its successors, and
assigns to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided, and to
such sanctions as are specified by 24 CFR Part 135.
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 taxes, withholding taxes,
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 specifica-
tions 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 perform-
ance of this Agreement, and CONTRACTOR will, at its cost and ex-
pense, defend and protect the City of Denton against any and all
such claims and demands.
Notices
Any notice or other written instrument required or permitted to
be delivered under the terms of this agreement shall be deemed to
have been delivered, whether actually received or not, when depos-
ited in the United States mail, postage prepaid, registered or
certified mail, return receipt requested, addressed to the OWNER or
CONTRACTOR, as the case may be, at the following addresses:
Page 3
160I 211E
CONTRACTOR:
City of Denton, Texas DBR CONSTRUCTION
ATTN: City Manager DON RICHARDS, PRESIDENT
215 E. McKinney S21 NORTH LOCUST STREET
Denton, TX 76201 DENTON, TX 76201
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this agreement in the year and day first above written.
ATTEST:
i
(SEAL)
APPROVED AS TO FORM:
i, �� Fes_
Cit Attorney
CITY OF ON
OW
B
Page 4
ATTEST:
�r
� Zvlv)
(SEAL)
DBR CONSTRUCTION COMP4NY
CONTRACTO
By:
Page 5
PERFORMANCE BOND
BOND EXECUTED IN POUR (4) ORIGINALS
STATE OF TEXAS § ;J;•;v PREMIUM BASED ON
COUNTY OF DENTON S FINAL CONTRACT PRICE
Bond No. 580201
KNOW ALL MEN BY THESE PRESENTS: That DER CONSTRUCTION COMPANY
, of the city of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL, and Capitol Indemnity Corporation
as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of ONE HUNDRED FIFTY ONE THOUSAND HpRTY
THREE AND 00/100 Dollars ($151)043.00
for the
payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns,
Jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the OWNER, dated the 8 day of MARCH
19 951 for the construction of BID 1 1769 - SINGLE FAMILY HOME
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 said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
Performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of the Texas Government Code, Chapter 2253 (Vernon, as
currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 1
PROVIDED PURTNER, that if any legal action be filled upon this;
bond, venue shall lia in Denton county, State of Texas.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
epeoifications, or drawings accompanying the same, shall in any way
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
thereunder. to the work to be performed
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 8th day of AUGUST
19 95 , _,
CONSTRUCTION
0
tl
Address: 521 N. Locust
Denton, TX 76202
(817 383-3007
(SEAL)
CAPITOL INDEMNITY CORPORATION
Surety
Tit
Address: 4610 University Ave.
Madison, WI 53705-2159
(608) 231-4450
(SEAL)
The name and address of the Resident Agent of Surety is:
James V. Damiano
Road, Dallas, TX 75252
NOTE: Date of Bond must not be prior to date of Contract.
PJ"0184D
Rev. 07/20/94
PB - 2
PAYMENT BOND
BOND EXECUTED IN FOUR (4) ORIGINALS BOND PREMIUM BASED ON
STATE OF TEXAS S FINAL CONTRACT PRICE
COUNTY OF DENTON S Bond No. 580201
KNOW ALL MEN BY THESE PRESENTS: That DBR CONSTRUCTION
COMPANY of the City of DENTON
County of. DF,NTON , and the State of TEXAS
a9 principal, and Capitol Indemnity Corporation
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
THE CITY OF DENTON
ONE HUNDRED FIFTY ONE THOUSAND FORTY.ITHREERg1NDnO&meena1 sum of
Dollars ($ 151,043.00 )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 8 day of MARCH
19 95
BID 1 1769 - SINGLE FAMILY HOME CONSTRUCTION
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the 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 the Texas Government Code, Chapter 2253 (Vernon,
as currently amended), and all liabilities on this bond shall be
determined in accordance with said provisions to the same extent as
if they were copied at length herein.
PB - 3
surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall In any way
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 8th day of AUGUST
19 95
DBR CONSTRUCTION COMPANY
Address: 521 North Locust Street
Denton, TX 76202
(817) 383-3007
CAPITOL INDEMNITY CORPORATION
Suratv
i JAMES V. DAMIANO
e ATTORNEY -IN -FACT
Address: 4610 University Ave.
Madison, WI 53705-2159
608) 231-4450
(SEAL)
The name and address of the Resident Agent of Surety is:
James V. Damiano
17774 Preston Road, Dallas, TX 752
AAA0184D
RoY, 07/20/94
PB - 4
MAINTENANCE DONI)
BOND EXECUTED fN FOUR (4) ORIGINALS ;j1Jiq U PHEMIUM BASED ON
THE STATE OF TEXAS c FINAL CONTRACT PRICE
COUNTY OF DENTON
Bond No. 580201
KNOW ALL MEN BY THESE PRESENTS: That DBR CONSTRUCTION
COMPANY as Principal a p' and Ca itol Indemnity Corporation
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns at ppe ton De to Co ty,
Texas, the sum of FIFTEEN THOUSAND ON`E HUNDR 1) FOUR AID %o'/Ol
Dollars ($ 15,104.30 ), ten (101)
the contract ftotal amount of
or the payment of which sum said prin percent of the ipal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said DBR CONSTRUCTION COMPANY
has this day entered into a written contract with the said i
of Denton to build and construct BID M 069 - SINGLE FAMILY
CONSTRUCTION
Which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary of
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
the said
it is p ovided,that unde
hto the Contractorsw le maint inonsand keep,
eecontrgoo
repair the work therein contracted to be done and performednforoa
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewith and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said Contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said contractor and surety shall be subject to the
damages in said contract for each days failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conditions herein provided until the full amount of this bond shall
have been exhausted, and it is further understood that the
obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said DBR CONSTRUCTION COMPANY
as Contractor and Principal, has caused these presents to be
executed by
and the said CAPITOL INDEMNITY CORPORATION
as surety, has caused these presents to be executed by its
Attorney -in -Fact JAMES V. DAMIANO_ _
and the said Attorney -in -Fact has hereunto set his hand this 8th
day of AUGUST , 19 95
SURETY:
CAPITOLAINDEMNITY�CORPORATION
M
DAMIANO
AAA0184D
Rov_ 07/28/94
PRINCIPAL:
MB - 2
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX 1(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
14a�INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705 0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MAI7ISON, WI 53705 0900
PFIONE (608) 231-4450 • FAx (608) 231-2029
EXECUTED't))IN UR (4) ORIGINALS POWER OF ATTORNEY No: 368262
Bond No. 580201
Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION. a corporation
of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
V.R. DAMIANO, JR., JAMES V. DAMIANO, CHERYL L. HUMPHREY OR SHANE A. HUMPHREY --------------
its true and lawful Attorney(s)-in-fact, to make,
and deed, any and all bonds, undertakings an
of suretyship executed under this authority shall
------------------------------- NOT TO
This Power of Attorney is granted and is
Resolution adopted by the Board of Directors
held on the 5th day of May 1960:
d
execute, seal and deliver for and on its behalf, as surety, and as its act
contracts of suretyship, provided that -no bond or undertaking or contract
exceed in amount the sum of
EXCEED $5,000AOO .00----==-
signed and sealed byfacsiml ,under and by the authority of the following
of CAPITOL INDEMNITY CORPORATION at a meeting duly called and
"RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other
writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have
'the powers and duties usual to such offices to the business of this company: the signature of such officers and seal of the Company may be affixed
to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and bindinq upon the Company, and any such power so executed and certified by facsimile signatures and
facsimile seal shall be valid and binding upon the Company in the future with respect to any.bond or undertaking or other writing obligatory in the
nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993.
CAPITOL INDEMNITY CORPORATION
'Attest
1 V \\\ \0111111111y1q///p/j,,
oq G
Virgiline M. Schulte Secretary �conaoRATe9 Geor A. Fait, President
SEAL •s
J.
k STATE OF,WISCONSIN °jbvrrriuniinmwpOvvvv
GOUNTY OF DANE
On the 1st day of June, A.D., 1993,before me personally came,George A Fait, to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
'CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to 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.
., , 000lminnuuni/,,,/ �/��
"STATE OF WISCONSIN Pe,en z>
1mNs i= ' 1 '" Peter E. Hans
;COUNTY OF DANE \ Notary Public, Dane Co., WI
My Commission is Permanent
CERTIFICATE
l,.the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
',Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the 8th day`of, August 19 95
\\\'0..\411111111/U/p//i/4/ -
o�conaonM'1' __ /LrliL��
SC41 ° _ Paul J rW auer, Treasurer
This power is valid only it the power of attorney number printed in the upper righthand corner,appears in red. Photocopies, carbon copies or;
.-';other reproductions are not binding on the company. Inquiries concerning this power of attorney maybe directed to the Bond Manager at the Home ii
`L Office of the Capitol Indemnity Corporation. - "." ,_
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SHOULD MY OF THE ABOVE OWVRIIIED POUCU BE CANCQ= DEFON! THE
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