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1999-441O INANCENO %'/¢/ AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF BASEBALL FIELD LIGHTING FACILITIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2423 - MACK PARK BASEBALL FIELD LIGHTING AWARDED TO GROVES ELECTRICAL SERVICE, INC IN THE AMOUNT OF $117,960) WHEREAS, the City has solicited, received and tabulated competitive bids for the ' d constmcttoh ofpubhc works or improvements m accordance with the procedures of STATE law an City ordin0nces, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and spemficat~ons therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~$..~C_TI.Q..h~ That the £ollowlng competmve bids for the construction of pubhc works or improvements, as described m the "Bid Invitations", "Bid Proposals" or plans and specifications on file m the Office of the City's Purchasmg Agent filed according to the bid number assigned hereto, are hereby, accepted and approved as bemg the lowest responsible Nds BID NUMSER CONTRACTOR AMOUNT 2423 Groves Electrical Services, Inc $117,960 St~CTION II That the acceptance and approval of the above competitive b~ds shall not constitute la contract between the City and the person submitting the bid for construction of such public works or ~mprovements herein accepted and approved, until such person shall comply with all reqmrOments specified m the Notice to B~dders 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 Nd ~ That the C~ty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance w~th the b~ds accepted and approved herein, provided that such contracts are made in accordance with the l~ottce to Bidders and Bid Proposals, and documents relating thereto spemfylng the terms, cond~tlonO, plans and spemfications, standards, quantities and specified sums contmned therein SE~_TION IV That upon acceptance and approval of the above competitive b~ds and the executaon oM' contracts for the pubhc works and amprovements as authorized here~n, the C~ty Council hereby authorizes the expendature of funds m the manner and ~n the amount as specffied in such approved blds and anthonzed contracts executed pursuant thereto E T~G.!.LQ_j~ That flus ordinance shall become effective lmmedmtely upon ats passage and approval PASSED AND APPROVED thas the -- day of . ATTEST JENNIFER WALTERS, CITY SECRETARY APPROV]~D AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2423-CONTRACTUAL ORDINANCE ATTACHMENT t TABULATION SHEET BID # 2423 DATE 11/9/99 MACK PARK LIGHTING N~ii~J , , PE~ pTION ~ ,. VENDOR VENDOR . ~I~;~;~ ~ ~ ~ ;~,l~ ~,~ ~ ~i ~ o~, ~< < Groves Svcs Mechanical ..'~.~t~??~ ~JJ~!.~!'.'~/f"~'~:/~!~ ~.~...~, .................. 1 TOTAL BASE PRICE $138,960 $186,742 2 TOTAL MATERIALS INCORPORATED IN $75,000 $118,742 PROJECT TOTAL LABOR, SUPERVISION, & :3 MATERIALS NOT INCORPORATED INTO $63,960 $68,000 PROJECT ADDENDUM # 1-HUBBELL SLS-1500H Delete  (ADD/DELETE) Delete $21,000 $10,000 5 BID BOND Yes Yes DELIVERY 65 Days 140 DAYS CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered mto thts 7 day of December A D, 1999, by and between Clty of Denton of the County of DENTON and State of Texas, actmg through Michael W Jez _thereunto duly authorized so to do, heremafter termed "OWNER," and Groves E!ectncal Service, Inc 1622 E Beltlme Rd Carrollton, TX 75006 of the City of Carrollton , County of Denton and State of Texas , hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter menttoned, to be made and performed by OWNER, and under the condltmns expressed m the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specffied below BID # 2423 - Mack Park Baseball F~eld L~g~htln[ ProJect in the amount of $117,960 00 and all extra work m connection therewith, under the terms as stated In the General Condltmns of the agreement, and at his (or their) own proper cost and expense to furmsh all materials, supphes, machinery, eqmpment, tools, supenntendence, labor, insurance, and other accessories and serwces necessary to complete the work specffied above, m accordance w~th the condmons and prices stated m the Proposal attached hereto, and tn accordance with all the General Condmons of the Agreement, the Spemal Condluons, the Notice to Bxdders (Advemsement for B~ds), Instructtons to Btdders, and the Performance and Payment Bonds, all attached hereto, and m CA - 1 accordance with the plans, wfuch xncludes all maps, plats, bluepnnts, and other drawings and printed or written explanatory matter thereof, and the Specificat~ons therefore, as prepared by Parks and Recreation Department all of which are made a part hereof and collectively evidence and constitute the entire contract Indel~ndent Status It is mutually understood and agreed by and between C~ty and Contractor that Contractor ~s 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, wtthholdmg, social security taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the sermces hereunder according to the attached specffieatmns at the general d~rectxon of the C~ty Manager of the City of Denton, Texas, or h~s designee under th~s agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the C~ty of Denton from any and all damages, loss, or habthty of any k~nd whatsoever, by reason of injury to property or tlurd persons occasioned by any error, om~ssmn or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the C~ty 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 ~ts construction and enforcement shall lie m 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 m wrnten notice to commence work and complete all work wxthm the tune stated m the Proposal, subject to such extensions of tLme as are promded by the General and Spemal Conditions The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the General and Special Condmons of the Contract CA - 2 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc whose address ~s 1622 E Belthne Rd, Carrollton, TX 75006, hereinafter called Principal, and potation orgamzed and ex,sung under the laws of the State of , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporaUon orgamzed and ex,sung under the laws of the State of Texas, hereinafter called Owner, m the penal sum of One Hundred Seventeen Thousand Nine Hundred Sixty and no/100 DOLLARS ($117,960 00 ~ plus ten percent of the stated penal sum as an addmonal sum of money representing add~tmnal court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, m lawful money of the United States, to be paad in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our heirs, executors, admnnstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automaucally be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of thas Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, ldentffied by Ordinance Number 99-441, w~th 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 2423 - Mack Park Field Lxghtmg NOW, THEREFORE, if the Principal shall well, truly ann faithfully perform and fulfill all of the undertalongs, covenants, terms, conditions and agreements of said Contract m accordance w~th the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the hfe of any guaranty or warranty reqmred under this Contract, and shall also ,well and truly perform and fulfill all the undertakings, covenants, terms, condltmns 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 workmansMp that appear within a permd of one (1) year from the date of final compleUon and final acceptance of the Work by the Owner, and, if the Principal shall fully lndenmify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform here~n and shall fully remaburse and repay Owner all outlay and expense which the Owner may recur in makmg good any default or deficiency, then this obhganon shall be void, otherwise, it shall remain m full force and effect PB - 1 IN IWITNESS WHEREOF, the parties of these presents have executed this agreement m the yea~ and day first above written CITY OF DENTON OWNFoR I ~- ~ -1~. //" l ~-,-, (S;AL)~J ATTEST CITY A~Y r, CA - 3 CONTRACTOR MAILING ADDRESS ¢7~ u/l. $2a~7 PHONE NUMBER FAX NUMBER TITLE PRINTED NAME (SEAL) PAYMENT BOND STATE OF TEXAS § COUNTYIOF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc, whose address is 1622 E Belthne Rd, Carrollton, TX 75006, wheremafter called Principal, and ,a corporation orgamzed and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal ~corporatlon orgamzed and existing under the laws of the State of Texas, hereinafter called Owlaer, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of One Hurglred Seventeen Thousand Nme Hundred Sixty and no/100 DOLLARS ($ 117,960 00 ) m lawful money of the Umted States, to be paid in Denton, County, Texas, fo~ the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,i 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 99-441, with the City of Dbnton, 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 2423-Mack Park Baseball Field Lighting ProJect 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 supplyingI labor and/or materml m 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, Drawmgsl, etc, accompanying the same, shall in anywise affect its obligation on this Bond, and it do~s hereby wmve notice of any such 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 PB - 3 PROVIDED FURTHER, that tf any legal actton be filed upon th~s Bond, exclustve venue shall he tn Denton County, State of Texas AND PROVIDED FURTHER, that the satd Surety, for value recetved, hereby sttpulates land agrees that no change, extenston of tune, alteratmn or ad&tton to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat~ons, Drawings, etc, accompanying the same, shall tn anywise affect tts obhgatton on thts Bond, and ~t does hereby watve nottce of any such change, extenston of tune, alteration or add~tton to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfftcatlons, Drawings, etc Thts Bond is gtven pursuant to the provts~ons of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and destgnated agent ts hereby designated by the Surety herem as the Restdent Agent in Denton County to whom any reqms~te nottces may be dehvered and on whom service of process may be had tn matters arising out of such suretyshtp, as provtded by Arttcle 7,19-1 of the Insurance Code, Vernon's Annotated C~vtl Statutes of the State of Texas IN WITNESS WHEREOF, thts mstrument ts executed ~n 4 coptes, each one of whmh shall be deemed an original, t!us the 7 day of December , 1999 ATTEST, PRINCIPAL BY SECRETARY ATTEST BY PRESIDENT SURETY BY ATTORNEY-IN-FACT BY The Restdent Agent of the Surety m Denton County, Texas for dehvery of notme and servme of the process ts NAME STREET ADDRESS (NOTE i Date of Performance Bond must be date of Contract corporation, gtve a person's name ) PB - 2 If Restdent Agent ts not a This Bond is given pursuant to the prowslons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The underslgned and designated agent ~s hereby designated by the Surety here~n as the Resident Agent m Denton County to whom any reqms~te notxces may be dehvered and on whom serwce of process may be had m matters arising out of such suretyship, as prowded by Artmle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, th~s instrument ~s executed ~n 4 which shall be deemed an original, tMs the 7 day of December copies, each one of 1999 ATTEST PRINCIPAL BY SECRETARY BY PRESIDENT ATTEST SURETY BY BY ATTORNEY-IN-FACT The Resident Agent of the Surety ~n Denton County, Texas for dehvery of nouce and serwce of the process xs NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a corporatton, gtve a person ts name ) PB - 4 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attention ts directed to the tnsurance requtrements below It ts htghly recommended that bidders confer wtth thetr respecttve tnsurance carriers or brokers to determine tn advance of Btd submission the avatlabthty of tnsurance certtficates and endorsements as prescribed and provtded herein If an apparent low btdder fads to comply stnctly wtth the tnsurance requtrements, that bidder may be dtsquahfied from award of the contract Upon btd award, all tnsurance reqmrements shall become contractual obhgattons which the successful butder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS. Wtthout hmtttng any of the other obhgattons or habdtttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted worl~ has been completed and accepted by the Ctty of Denton, Owner, the mtntmum tnsurance coverage as tnchcated heretnafter As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchast~g Department sattsfactory certificates of tnsurance, contatmng the bid number and tttle of the project Contractor may, upon written request to the Purchastng Department, ask for clartflcatton of any tnsurance requtrements at any ttme, however, Contractors are strongly advtsed to make such requests prtor to btd opemng, stnce the tnsurance requtrements may not be modtfied or watved after btd opentng unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any material until he or she receives nottficatton that the contract has been accepted, approved, and signed by the Ctty of Denton All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply wtth the followtng general spectficattons, and shall be matntatned tn comphance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each policy shall be issued by a company authorLzed 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 ehmlnate 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 · Llabthty pohcles 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 pohcy and that this insurance apphes separately to each insured against whom claLm is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's lnmt of habfilty · All pohmes 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 I0 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" Should any of the required insurance be provided under a claLms-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 explratton, such that occurrences arising during the contract term which g~ve rise to clatms made after expiration of the contract shall be covered Should any of the reqmred insurance be provided under a form of coverage that includes a general annual aggregate ILm~t providing for claims investigation or legal defense costs to be included m the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Llablhty 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, C~ty may, at ~ts sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtatned in sattsfactlon of this Contract shah additionally comply with the following marked spectficattons, and shall be matntalned tn comphance with these additional spectficattons throughout the duratton of the Contract, or longer, tf so noted [X] A General Liability Insurance: General Llabthty insurance with combined single ltm~ts of not less than $500,000 shall be provided and mamtamed by the Contractor The policy shall be written on an occurrence basis either m a single pohcy or In a combination of underlying and umbrella or excess policies Ix] [x] If the Conunerc~al General Llability form (ISO Form CG 0001 current edition) is used Coverage A shall tnclude 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, ~s not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edttlon and ISO Form GL 0404) is used, it shall include at least Bodily mJury and Property Damage Llablhty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual hablllty (preferably by endorsement) covering this contract, personal injury hablhty and broad form property damage llablhty Automobile Lmb,l,ty Insurance Contractor shall prowde Commercial Automobile Llablhty ~nsurance with Combined Single Lumts (CSL) of not less than $300,000 either m a single pohcy or m a combmauon of basic and umbrella or excess policies The pohcy will include bodily ~njury and property damage habfllty arising out of the operation, maintenance and use of,all automobiles and mobile equipment used in conjunction w~th 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 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, In adthtlon to meetang 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 pohcy limit for occupational disease The City need not be named as an "Adthtlonal 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 constmcUon projects, the Contractor shall comply with the provisions of Attachment i in accordance with §406 096 of the Texas Labor Code and role 28TAC 110 110 of the Texas Worker's Compensation Conumsslon (TWCC) ATTACHMENT 1 Ix] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Def'm~t~ons Certificate of coverage Ccertfficate")-A copy of a ceruficate of insurance, a certificate of authority to self-msure issued by the comnusslon, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation msurance coverage for the person's or enuty's employees providing services on a project, for the duration of the project Duration of the project - mcludes the time from the beglnmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entxty Persons promding services on the project ("subcontractor" in §406 096) - includes all persons or enttt~es performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted threctly w~th the contractor and regardless of whether that person has employees This includes, w~thout lumtation, independent contractors, subcontractors, leasmg companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide services on the project "Services" include, without hnntation, providing, hauling, or dehverlng equipment or materials, or promdmg labor, transportation, or other service related to a project "Services" does not mclude actlmtles 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 reqmrements of Texas Labor Code, Section 401 011(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 If the coverage period shown on the contractor's current certificate of coverage ends during the duratmn of the project, the contractor must, prior to the end of the coverage period, file a new eertfficate of coverage w~th the governmental entity showing that coverage has been extended [] [! [] [] Owner's and Contractor's Protectave Lmbihty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the wonk under this contract, an Owner's and Contractor's Protective Liability insurance policy nammg the City as msured for property damage and bodily injury which may arise in the proSecutwn oftbe work or Contractor's operatxons 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 habthty insurance Policy limits will be at least combined bodily injury and, property damage per occurrence with a aggregate Fire Damage Legal Liabihty 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 port~on of a City building LtrmCs of not less than each occurrence are required Professional Lmbility Insurance Professional liability insurance with lmuts not less than per claim with respect to negligent acts, errors or omissions m connection with professional services is required under this Agreement Builders~ Risk Insurance Builders' R~sk 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 m the "Specific Conditions" of the contract specifications E F G H The contractor shall obtain from each person prow&ng services on a project, and provide to the governmental entity (1) a cemficate of coverage, prior to that person begmmng 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 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter The contractor shall notify the governmental entity ~n 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 prowsion of coverage of any person providing services on the project The contractor shall post on each project site a notice, m the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prowding serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provMe coverage, based on proper reporting of classfficatlon 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 prowded 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, ff 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 ~t contracts, and provide to the contractor K (5) (a) a certificate of coverage, prior to the other person beginning work on the project, and 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, retain all required certfficates of coverage on file for the duratmn of the project and for one year thereafter, (6) notify the governmental entity m writing by certified marl or personal delivery, within 10 days after the person knew or should have known, of any change that matermlly affects the prowslon of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as reqmred by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services By signmg this contract or provdlng 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 servmes 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 mformatlon may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions The contractor's failure to comply w~th any of these prowsions 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 w~th~n ten days after receipt of notice of breach from the governmental entity PROPOSAL(BID) FORM Time: 2.p.m Date: To: Purchasing Agent C~ty of Denton, Texas 901-B Texas Street Demon, Texas 76201 Gentlemen The undersigned having examined the Contract Documents enutled Mack Park Baseball Field Llghung Project Bid #2423 And having visited the site of the proposed construction, and hawng famlhanzed himself w~th the local eonthuons affecting the cost of the work, and with all addenda to the smd documents, hereby proposeds to furmsh all supervision, labor, materials, equipment, tools, and accessories and to do all work m accordance w~th smd documents and addenda thereto for the sUpulated sum of . ~ ~/'~"~ ~)s~/b~oa~ r,/t~,,~ ~%#r/av~#,~/4~s~r~ 15ollars($ '-'d ~Z)~ ) Total Base Bid Total Materials Incorporated into the Prolect $ Total Labor, Supervision and Matenals Not Incorporated ~nto the Prolect ADDENDA: Acknowledge receipt of the following addenda wtuch are part of the Bidding Documents by placing Addendum #, Date ~ssued and mlualmg Addendum No Addendum No Addendum No ~oUr Addendum No ~]t~l~ The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertamang to the work covered by the above bid, and he further agrees to commence work within ten(10) days after date of written no'nee to proceed and to substantially complete the work on wbach he has bid wathln Consecutive calendar days subject to such extensions of time allowed by spemficatlons C hMy Documents\Mack Park Baseball L~ghtmg Prqlect NOTICE TO BIDDERS doc The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving b~ds The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities In the bidding BID GUARANTY: Enclosed with this Bid is a Certified Check for Dollars ($ ~t/~ ) or a Bid Bond in the sum of which it is agreed shall be collected and retained by the Owner as liquidated damages in the evem this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fmls to executed the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid ~s accepted otherwise said check or bond shall be returned to the undersigned upon demand Contractor (firm nam~ Authorized Signature PR~.SIDI~KiT Title Address City, State, Zip Code Telephone (If corporation, attest and affix a Corporate Seal) C ~Vly DocumantsWlack Park Baseball L~ghtmg Project NOTICE TO BIDDERS doc ADDENDUM NO. 1 MACK PARK, CITY OF DENTON BID # 2423 ELECTRICAL DRAWINGS Base b~d pricing shall be for provld~ng G E fixtures as specffied Provide an alternate pnce Hubbell SLS-1500H series sports hght~ng fixtures sports hght~ng for providing Hubbell SLS-1500H L,ght,ng ~) $~-~?~ Please sign and date this addendum sheet for acknowledgement of the receiving Addendum No. 1: 'NAME ':DATE ACORO. Ci F'I OF EI Bt URANCE §, .i 12/20/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insu='t'nneT Group HOLDER THIS CERTIFICATE DOES NOTAMEND EXTEND OR Independent 8111 LBJ Freeway Ste 875 ALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW Dallas TX 75251 COMPANIES AFFORDING COVERAGE Peter Mulcnhy COMPANY A CGU Southwest Phone No 972-231-8277 F~No INEURED COMPANY I Groves Elect~ioal Service, Ino COMPANY C Selena Zarate 1622 E Belt|Line Road COMPANY Carrollton TX 75006 O ¢ov~P~GES 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IEEUED TO THE INEUREO NAMED ABOVE FOR THE POLICY PERIOD {NDICATED 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 EY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITION~ OF SUCH POLIG/EE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE =OLICY EXPIRATION CO TYPE OF INSURANC~ POLICY NUMBER LIMITS LTR DATE (MM/CDP(Y) DATE (MM/DD/YY) ~ENERAL LIABILITY GENERAL AGGREGATE $ 2 ~, 000 ! 000 A X COMMERCIAL GENERALiLIAEIMTY G~514503 05/31/99 05/31/00 PRODUCTS COMP~OPAGG $ 2 r 000,000 I CLAIMS MADE ~-~ OCCUR PERSONAL&ADVINJURY $ I ! 000 ~ 000 OWNER E & CONTRACTOR S PROT EACH OCCURRENCE $ 1 i 000 ~ 000 ~ Pe~' Pro,eot ,~.4~g FIREDAMAGE(Anyoneflre) $300,000 MED EXP (Any ~ne person) $10~000 AU~TOMOBILE LIASILITY COMBINED SINGLE LIMIT S 1,000,000 I A __X ANYAUTO BA028896800 05/31/99 05/31/00 -- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) -~ HIRED AUTOS BODILY INJURY $ Z NON OWNEDAUTOS (Per acc~d$~i) ~X Hi=ed Car PROPERTYOAMAGE $ Ph~s~oal Damage $25~000 LIMIT GARAGE LIABILITY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ ~ AGGREGATE $ EXCESS LIASlLITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELI.~ FORM $ WC 8TATU OTH WORKERS COMPENSATIONAND XITQRyLIMITS I ]ER EMPLOYERS LIABILITY EL EACH ACCIDENT $ 500 ! 000 ~ THE PROPRIETOR/ [] INCL , WC032865200 05/31/99 05/31/00 ELD/EEAEE POLICYLIMIT $ 500f000 PARTNERS/EXECUTIVE OFFiCERSARE~ EXCL: ELDISEASE EAEMPLOYEE $ 500 f 000 OTHER DESCRIPTION OF OPEEATIO NS/LO ~ATIONBNEHICLES/E P EC IAL ITEMS Re Rel~ght~ng ~all_F~el~s, Denton, TX Please see the a~taone~ page for speolal wording 0ERTiFiCATE HOLDER I ..... 0~NCELLATION CITYDEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT C~ty of Denton BUTFAILURETOMAILRUCHNOTICEBHALLIMPOSENOOBLIGATIONORLIABILITY 215 E [*~:3K~nney OFANYKINDUPONTHECOMPANY ITSAGENTSORREPRESENTATIVES ~ ACORD COR~i~IPJ~TION 1988 NOTEPAD: Ge c., nco.,D The City o£ Denton, its Officials, Agente, F~mplo~es and volunteers are n=~ as a~d~txonal insureds w~th respects to General LAabxlAty A Waiver of Subrogatxon in favor of ~ C~t-~ of Denton, ~ts 0ffxc~als, A~ents, F--~.loyees and Volunteers for any work performed for the C~ty for the Named Insured applies t~ the Workers' Compensation policy Such Insurance is primary to any other insurance available to the a~&%txonal insured with respect to clazras covered under the policy and that th~s xnsurance applies separately to each insured against whom clamm xs ~ or su~t is brought The inclusxon of m~re than one xnsured shall ncr operate to ~ncrease the xnsurer's limzt of l&abxllt¥ Sald polxcy shall not be cancelled, nonrenewed or ma=er=ally change w~thout 30 days advanced wrxtten not~oe bezng given to the owner (czty) except when the pcl&c¥ xs being cancelled for nonpa~nent of premium xn the whzch case 10 days advance wrxtten notice xs rec~/xred PAGE 2 DATE 12/09/99 BOND NO 71 SB 103230050 BCM PERFORMANCE BOND b~ATF OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc whose address Is 1622 E Belthne Rd, Carrollton, TX 75006, herematter called Principal, ~p, Awr~Sa~~X COv~x corporation organized and existing under the laws of the State of Connect~.out , and fully authorized to transact business m the State of Texas, as Surety, are held and hrmly bound unto the City et Denton, a municipal corporation organized and existing uuder the laws of the State et lexas, hereinafter called Owner, m the penal sum of One Hundred Seventeen Thousand Nine Hundred Sixty and no/100 DOLLARS ($117,960 00 '~ plus ten percent of the stated penal sum as an addmonal sum of money representing additional court expenses, attorneys' lees, and hqmdated daraages arising out of or connected w~th the below identified Contract, m lawful money of the Umted States, to be paid m Denton County, 'lexas, fur the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, ~ucces~ors, and asq~gnq, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount et any Change Order or Supplemental Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum et tins Bond FHE OBLIGATION TO PAY SAME ts condluoned as follows Whereaq, the Prnlctpal entered mid a certain Contract, xdentlfled by Ordinance Number 99-441, with the City of Denton, the Owner, dated the 7 day of December A D 1999 , a copy of which ~s hereto attached and made a part hereof, tor B,d 2423 - Mack Park Field Lighting NOW, THEREFORE, It the Principal shall well, truly and faithfully perlorm and tulfill all et the undertakings, covenants, terms, conditions and agreements et said Contract In accordance with the Plans, Spemficattons and Contract Documents durmg the original term lhereof and any extensmn thereof whmh may be granted by the Owner, wnh or w,thout notice to the Surety, and during the lite el any guaranty or warranty requlred under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conthtlons and agreements el any and all duly authorized mod~ficauons of ~atd Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, If the Prinmpal shall repair and/or replace all defects due to laulty materials and workmanship that appear withm a period of one (1) year from the date of final completmn and final acceptance of the Work by the Owner, and, tt the Principal shall tully mdemmty and save harmless the Owner trom all costs and damages which Owner may sutler by reason of fadure to so perform hereto and ~hall fully reimburse and repay Owner all outlay and expense which the Owner may recur in mak,ng good any default or dehctency, then thlq obhgatton shall be void, otherwise, tt shall remain m full force and effect PB- I PROVIDBD FURTHER, that si' any legal acuon be filed upon this Bond, exclusive venue shall I,e tn Denton County, State et Texas AND PROVIDED FURTHER, that the said Surety, for value recetved, hereby sttpul,ates and agrees that no change, extension of time, alteration or addmon to the terms et the Contract, or to the Work to be performed thereunder, or to the Plans, Spemfic,mons, Drawings, otc , accompanying tile same, shall in anywtse atlect ~ts obhgatton on th~s Bond, and ,t does hereby waive notice of any such change, extens~ou of tm~e, alteration or addlnon to the terms of the Contract, or to the Work to be perfi~rmed thereunder, or to the Plans, Spetaficat,ons, Drawings, otc lhis Bond ~s gtven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the Slate et Texas Th~ undersigned and destgnat=d agent ~s hereby designated by the Surety hereto as the Res~ctent Agent tn Denton County to whom any reqms~te notices may be dehvered and on whom ',ervlce et process may be had tn matters arising out el such suretyship, as provided by Artmle 7 19~1 et the Insurance Code, Vornon's Annotated Czwl Statutes of the State of Texas IN WITNESS WHEREOF, this ,nstrument ~s executed tn 4 which shall be deemed an original, this tile 7 .day et December copies, eat. h one of 1999 AT 1 EST PRINCIPAL BY SECRLrARF GROVES '~r.'k'~C'I'R~CAL SERVICE, INC. PRESIDENT SURFTY AIIEST TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Al ' ORNEY-IN-FACT PAULINE L LESCH The Resident Agent of thc Surety in Denton County, Texa~ for dehvery o~ not~ce and o~ the process ~ NAMF PCL CONTRACT BONDING AGENCY qTRLLI ADDRESS 206 ELM ST., #105, LEWISVIr.LR, TX 75057 (NOTE Date of Performance Bond mutt be date of Contract ~ orporatton, gtve a persoMs name ) PB - 2 If Regtdent Agent tt not ct BOND NO. 71 SB 103230050 BCM PAYMENT BOND SI'ATE OFTEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Groves Electrical Service, Inc, whose address is 1622 E Belthne Rd , CarrolRon, TX ~5006) wheremalter called Principal, and TRAV~.,~'~S CaSUADTY aN6 suRt~-.t,:( COMPANY OF ~iC~rporauot~ organized and existing under the laws of the State of Connecticut , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a ,numctpal corporation orgam?ed and existing under the laws of the State ot texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials lor, or periorm labor upon, the bu,ldmg or improvements hereinafter referred to, In the penal sum ol One Hun{red Seventeen Thousand N~ne Hundred Sixty and no/100 DOLLARS 117,960 00 ) in lawful money of the I. Inlted States, to be pald 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 Thcs Bond shall automatically be increased by the amount ct any Change Order or Supplemental Agreement which increases the Contract price, but iii no event shall a Change Order nr Supplemental Agreement which reduces the Contr.~ct price decrease the penal sum of thcs Bond IHE OBLIGATION TO PAY SAME m conditioned as follows Whereaa, thc Principal entered into a certam Contract, identified by Ordinance Number 99-441, with the City ct' Denton, the Owner, dated the 7 clay of December A D 1999 , a copy ct which is hereto attached and made a part hereof, for B~d 2423-Mack Park Baseball Field Lighting Project NOW, THEREFORE, If the Principal shall well, truly and tmthfutly perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplyulg labor and/or material m the prosecution ct the Work provided lot tn said Contract and any and all duly authorized modifications ct gatd Contract that may hereafter be made nonce ol whmh modificauons to the qurety being hereby expressly waived, then this obhgatlon ',hall be void, otherwt,e it shall remain m full force and client PROVIDED FURTIIER, that Il any legal action be filed on this Bond, exclusive venue shall he ,n Dentou County, Texas AND PROVIDED FURFHER, that the said Surety, for value received, hmeby ~upulates,and agrees that no change, extension of time, alteration or addition to the terms ol the Contract, ol to the Work to be perlormed thereuuder, or to the Plans, Specifications, Drawings, ere , accompanying the same, shall m anywise alfect 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 Plan% Specificallions, Drawings, etc PB 3 Ibis Bond iT given pursuant to the provisions of Chapter 2.?.53 ot the lexas Govm mnent Code, .~s amended, and any other apphcahle ~tatutes of thc State ot Texas lhe undersigned and designated agent is hereby designated by the Surety herein as tile Resident Agent tn Denton County to whom any requtsite notices may be delivered and on whom service of process may be had in matters artsmg out ot such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon'~ Annotated Civil Statutes of the State ot I exas IN WIINESS WIIEREOF, this Instrument is executed in 4 copies, each one of which shall be deemed an original, this the 7 day oF December 1999 ATTFST PRINCIPAL BY $ECRET,4R0. GROVES EI,F;ci'RICAL SERVICE, INC PRESIDENT ATTEST SURE FY TRAV!CrrJ~S CASUALTY AND SURETY COMPANY OF AMERICA BY k79~ ~;~ ~a~./4J A 1 10RNEY-IN-FACT PAULINE L. LESCH The Re~ldt:nt Agent of the Surety tn Denton County, lexa~ for dchvc,y ot notice and service of the pro~es~ NAME PCL CONTRACT BONDING AGENCY SIREEI ADDRESS 206 ELM ST., #105, LEWISVII.LE, TX 75057 (NOTE Date oJ Payment Bond mu*t be date of Contract ( orpvration, give a person's name ) If Resident Agent ts not a PB - 4 IMPORTANT NOTICE To obtaln information or make a complaint. You may contact the Texas Department of Insurance to obtain Information on companles, coverages, r~ghts or complaints at 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES. Should you have a d~spute concerning your premium or about a claim you should contact the agent or the company first. If the dlspute is not resolved, you may contact the Texas Department of Insurance. ATrACH THIS NOTICE TO YOUR POLICY' Th~s not~ce ~s for ~nformatlon only and does not become condition of the attached document. a part or TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Nopervllle, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized Under the laws of the State of Connecticut, and hawng their pnnclpal offices in the City of Hartford, County of Hartford, IState of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly orgamzed under the laws of the State of llhnots, and haxqng its pnncipal office in the City of Naperxalle, County of DuPage, State of Ilhnois, (hereinafter the "Companies") hath made. constituted and appointed, and do by these presents make constitute and appoint Pauline L. Lesch, Clem F Lesch, Gary Matula or Steven J Zmecker * * of Lewisvflle, TX, their true and lawful Attomey(s)-tn-Fact, vath full power and authority hereby conferred to sign, execute and acknowledge, at any place vnthm the Umted States, or, ffthe follovnng line be filled in, vatlun the area there designated the follovang instrument(s) by his/her sole signature and act, any and all bonds, recogmzances, contracts of mdemmty, and other wnUngs obhgatory m the nature of a bond, recogmzanco, or condmonal undertalang and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-m-Fact, pursuant to the anthor~ty herein g~ven, are hereby ratified and confirmed This appointment is made under and by authority of the following Standing ResoluUons of said Compames, wluch Resolutions are now tn full force and effect VOTED That the Chairman, the President, any Vice Chawman, any Executive Vice President, any Semor Vice President any Vice President, any Second Vice President, the Treasurer, any Assistant Trcasu.~r, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-m-Fact and Agents to act for/md on behalf of the company and may give such appomtse such anthonty as h~s or her cerhficate of authority may presenbe to sign vath thc Company's name and seal vnth the Company's seal bonds recognizances contracts of mdemmty and other writings obhgntory ~n the nature of a bond recogn~nce or conditional undertalang, and any of said off~cers or the Board of Directors at any tune may remove any such appointee and revoke the power given hun or her VOTED That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Semor Vice President or any Vice President may delegate ail or any~part of the foregoing authurlty to one or more officers or employees of this Company provided that each such delegation la in writing and a copy thereof is fficd m the office of the Secrets.-/ VOTED That any bend, recognizance, contract of mdemmty, or writing obligatory m the nature of a bond, recognizance, or conditional undertaking shah be valid and binding upon the Company when (a) signed by the President, any Vice Chun'luau any Executive Vice President any Semor Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed vnth thc Company's seal by a Secretary or Assistant Sccretaxy or (b) duly executed (under seal, ff required) by one or more Attorneys-m-Fact and Agents pursuant to the power prescribed tn his or her cerhficate or tbe~r cerhficatas of authority or by one or more Company officers pursuant to a wnttan delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS cASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect VOTED That the signature of each of the following officers President, any Executive Vice President any Senior Vice President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secreta~, and the seal of the Company may be affixed by facsimile to any power ct' attorney or to[any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Atturneys-in-Fact for purposes only of executing and attesting bonds and undertalangs and other wrttmgs obligatory In the nature thereof, and any such power of attorney or certificate bcanng such faesumle signature or £acs~mde seal shall be valid and binding upon the Company and any such power so executed and certified by such facsirmle signature and facsimile seal shall be valid and binding upon the Company in the future v~th respect to any bond or undertaking to which it is attached (8 97) uetu~UOH ueu8 ~I~LVDI,rI,LkEID ~lneaJla/ D elJe~ ~ ollqnd/de~,oN LO0~ O~ eunr seJidxe UOlSSlLUmOO ~1~ iueplSeJd e:)lA JOlUaS uosdmoq.L M efiJOe~ $101qlTll dO AMVdBIOD AIR}ITIS {IMV A,L'IVflSVD S~I~I'I~Vt~L AMVdI,~OD A&"IVflSVD MOIDiqI~ltV~I AIq~{BIOD AITSJIS OXlV AI'IVflSV~ SIt~IqRAWLL ¥~llt~rV ~10 ld~dl~O~ AI~IflS ~ A£q'VflS¥~ SIt~"HtAV'8.,L CI'~O q'r }IVH dO AJ2qrlOD P~oJI-mH J-rlOl. LD~2qNOD :IO ~LV.L$