1999-442AN 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 sohc~ted, and receaved competmve sealed bads for the constmcuon of
pubhc works or ~mprovements m accordance wth the procedures of STATE law and C~ty ordinances, and
WHEREAS, the C~ty Manager or a designated employee has received and recommended that the
herean described bids are the lowest respondent for the construction of the pubhc works or ~mprovements
described tn the b~d mvatataon, and plans and speclficataons thereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competmve sealed b~d for the construction of pubhc works or
~mprovements, as described ~n the "Sealed B~d Inv~tauons", or plans and specxficatlons on file ~n the Office
of the C~ty's Purchasing Agent filed according to the b~d number assigned hereto, are hereby accepted and
approved as being the lowest responmble b~ds
BID
NUMBER CONTRACTOR AMOUNT
2430
CBS Roofing Services, Inc
$ 45,500
SECTION II That the acceptance and approval of the above competmve sealed b~d shall not
constitute a contract between the City and the person submitting the b~d for construction of such pubhc
works or ~mprovements hereto accepted and approved, until such person shall comply w~th all
reqmrements speeffied ~n the Notme to B~dders including the Omely execution of a written contract and
furnishing of performance and payment bonds, and insurance certificate after notfficat~on of the award of
the bad
~ That the C~ty Manager ~s hereby authorized to execute all necessary written
contracts for the performance of the eonstmctaon of the pubhc works or improvements an accordance w~th
the b~ds accepted and approved hereto, provided that such contracts are made in accordance w~th the Not~ce
to B~dders and Request for Sealed Bids, and documents relating thereto specifying the terms, eon&tmns,
plans and specifications, standards, quantatles and spemfied sums contained there~n
SECTION IV That upon acceptance and approval of the above competitive sealed bads and the
execution of contracts for the pubhc works and amprovements as authorized hereto, the C~ty Council
hereby authorizes the expenditure of funds an the manner and an the amount as specified in such approved
bads and authorized contracts executed pursuant thereto
~ That tlus ordinance shall become effective ~mme&ately upon ~ts passage and
approval
~^~s~^~^~ow~h~ ~ d.o~ ~~,~0o
JACK l~U, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BID 2430 _t CONTI~CTUAL ORDINANCE (11-99)
ATTACHMENT 1
TABULATION SHEET
B~d 2430 Date 11/16/99
ELEC PROD PLANT
~--~-~ m~1~ln~l-~a ,,,,,,~VENOOR V,ENDqR VENDOR VENDOR VENDOR
,,, ~--~, ~ .... ,..~ ................
~ ~~ Se~lces, nc CEI Roofing McKam~e
B~d Base- Reroof Area A
To~l $39,000 $41,795 $44,000 $49,866 $55,000
Alternate Bid4 Hook up drains on
adjoining roof areas
To~l $6,500 $16,790 $11,000 $10,750 $7,500
BID BOND YE8 YES YE8 YE8 YES
G~ND TOTAL $45,500 $58,585 $55,000 $60,616 $62,500
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into thts 7 day of December A D, 1999, by
and between City of Denton of the County of DENTON and State
of Texas, acting through Mtehael W Jez thereunto duly authorized so to do,
hereinafter termed "OWNER," and
CBS Roofing Servtces, Inc
5001 West Umverstty Dr
Denton, TX 76207
of the Ctty of Denton,
"CONTRACTOR"
County of Denton and State of Texas, herelnaf~er termed
WITNESSETH That for and m consideration of the payments and agreements
hereinafter menttoned, to be made and performed by OWNER, and under the condlttons
expressed tn the bonds attached hereto, CONTRACTOR hereby agrees wtth OWNER to
commence and complete performance of the work spectfied below
BID # 2430 - Reroofing at the Denton Electrtc Productton Plant
m the amount of $45,500 and all extra work tn connectton therewith, under the terms as
stated in the General Condtttons of the agreement, and at hts (or their) own proper cost and
expense to furmsh all materials, supphes, machinery, eqmpment, tools, supenntendence,
labor, tnsurance, and other accessories and servtces necessary to complete the work spectfied
above, m accordance wtth the cundtt~ons and prtces stated m the Proposal attached hereto, and
in accordance wtth all the General Condttlons of the Agreement, the Special Conditions, the
Notice to Btdders (Adverttsement for Btds), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and tn
CA- 1
accordance with the plans, which mcludes 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 Clty 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, vacataon 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
Indemmfication
Contractor shall and does hereby agree to mdenmdy 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, lnvltees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor wall, 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
constructmn 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 m written notice to commence work and complete all work
within the tune stated m the Proposal, subject to such extensions of time as are provided by the
General and Special CondltWns
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 Condmons of the Contract
CA ~ 2
IN WITNESS WHEREOF, the part~es of these presents have executed thxs agreement
m the year and day first above wmtten
CITY OF DENTON
. ,..../~ /
(SEAL)
CBS ROOFING SERVICES. INC
CONTRACTOR
P 0 BOX 90207
DENTON, TEXAS 76202
5001 w. UNIVERSITY DRIVE
DENTON~ TEXAS 76207
MAILING ADDRESS
(940) 387-7568
PHONE NUMBER
(940) 382-8974
TITLE- GENkP. AL ~ANAGER
FORM
CITY AT/FO/RI~Y
CA - 3
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 Umverslty 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 mumclpal corporatton orgamzed and existing under the laws of the
State of Texas, hereinafter called Owner, m 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 addmonal court expenses, attorneys' fees, and liquidated
damages arising out of or connected with the below identified Contract, in lawful money of the
United States, to be paid m Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby brad ourselves, our heirs, executors, admunstrators, successors,
and assigns, jointly and severally, fnanly 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 m no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO' PAY SAME is conditioned as follows Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number 99-442, 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 2430 - Reroofm$ the Denton Electric ProducUon 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, Speelficatmns and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without not~ee
to the Surety, and dunng 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 anthorlzed modifications of said Contract that may
hereafter be made, nouce 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 Prlncxpal 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 reunburse and repay Owner all outlay and expense which the Owner may
~ncur in malting good any default or deficiency, then this obligation shall be void, otherwise, ~t
shall remain in full force and effect
PB - 1
PROVIDED FURTHER, that if any legal action be filed upon th~s Bond, exclusive
venue shall he in Denton County, State of Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby
supulates and agrees that no change, extension of tune, alteration or addmon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat~ons,
Drawings, ere, accompanying the same, shall m anywise affect ~ts obhgauon on th~s Bond,
and ~t does hereby waive not,ce of any such change, extension of tune, alterauon or ad&non to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Speclficat~ons, Drawings, etc
This Bond is g~ven pursuant to the provls~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent m Denton County to whom any reqmslte notices may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, tins instrument ~s executed m 4
whxch shall be deemed an original, this the 7 day of December
copies, each one of
1999
ATTEST PRINCIPAL
BY
SECRETARY
ATTEST
BY
PRESIDENT
SURETY
BY
ATTORNEY-IN-FACT
BY
The Resident Agent of the Surety m Denton County, Texas for dehvery of noUce and service
of the process is
NAME
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract
corporation, gtve a person's name )
PB - 2
If Resident Agent ts not a
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That CBS Roofin~ Services, Inc,
whose address is 5001 West Umvemt¥ Dr, Denton, TX 76207, hereinafter called
Pnnc~pal, and , a corporation orgamzed and
exisUng under the laws of the State of , and fully authorized to transact business
~n the State of Texas, as Surety, are held and firmly bound unto the Cay of Denton, a
mumc~pal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, and unto all persons, firms, and corporauons who may furmsh materials for, or
perform labor upon, the bufldmg or improvements hereinafter referred to, in the penal sum of
Forty F~ve Thousand Five Hundred and no/100 DOLLARS ($ 45,500 ) ~n lawful money of
the Umted 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, adm~mstrators,
successors, and assigns, jomtly and severally, firmly by these presents This Bond shall
automaUcally be increased by the amount of any Change Order or Supplemental Agreement
which ~ncreases the Contract price, but m no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, the
Pnnc~pal entered into a certain Contract, ~dentffied by Ordinance Number 99-442, 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 # 2430 - Reroofinl~ the Denton Electric Production Plant
NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform ~ts duties
and make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material m the prosecution of the Work prowded for ~n said Contract
and any and all duly authorized modfficatlons of said Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly wmved, then this obhgatlon
shall be void, otherwise it shall remmn 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 smd Surety, for value received, hereby
stipulates and agrees that no change, extension of ume, alteration or addlnon to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficatlons,
Drawings, etc, accompanying the same, shall in anywise affect ~ts obhgat~on on this Bond,
and ~t does hereby wmve notice of any such change, extension of t~me, alteration or addmon to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~fmations, Drawings, etc
PB - 3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent m Denton County to whom any requisite notices may be delivered and on
whom service of process may be had 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, th~s instrument is executed m 4 copies, each one of
which shall be deemed an original, th~s the 7 day of December , 1999
ATTEST PRINCIPAL
BY
SECRETARY BY
PRESIDENT
ATTEST SURETY
BY
BY
ATTORNEY-IN-FACT
The Resident Agem of the Surety m 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 If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 4
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention ts directed to the insurance reqmrements below It ts highly recommended
that bidders confer with their respective insurance carriers or brokers to determine tn
advance of Bid submission the avadabdtty of msurance certificates and endorsements as
prescribed and provuled herein If an apparent low butder fads to comply stnctly with the
insurance requirements, that butder may be cltsqualtfied from award of the contract Upon
bid award, all insurance reqmrements shall become contractual obhgattons which the
successful butder shall have a duty to mamtatn throughout the course of this contract
STANDARD PROVISIONS
Without limiting any of the other obhgattons or habthttes 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 mtmmum 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, contatmng 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 opemng, since the insurance requirements may not
be modified or waived after bid opemng unless a written exception has been submitted with the
bid Contractor shall not commence any work or dehver any matenal until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton
All insurance pohctes proposed or obtained tn satisfaction of these requirements shall comply
with the followmg general specifications, and shall be maintained tn comphance 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 msurer shall reduce or ehmmate 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
· Llabihty 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 prunary to any other insurance available to the
additional insured w~th respect to clmms covered under the policy and that
this insurance applies separately to each insured against whom claim is made
or suit is brought The lnclnsion of more than one insured shall not operate
to increase the insurer's hm~t of habfi~ty
· 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"
ShouM any of the required insurance be prowded under a clanns-made form,
Contractor shall maintain such coverage continuously throughout the term of th~s
contract and, w~thout lapse, for a permd of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rase
to clanns 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 hmlt provtdlng for claims investigation or legal
defense costs to be included in the general annual aggregate hma, the Contractor
shall e~ther double the occurrence hmlts or obtmn Owners and Contractors
Protective L~abday Insurance
Should any reqmred insurance lapse dunng the contract term, requests for
paymems originating after such lapse shall not be processed until the City receives
satisfactory ewdence of reinstated coverage as required by th~s contract, effective
as of the lapse date If Insurance is not reinstated, City may, at ~ts sole option,
terminate this agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All tnsurance pohctes proposed or obtaaned tn sattsfactton of thts Contract shall addtttonally
comply wtth the followtng marked spectficattons, and shall be matntatned tn comphance wtth
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[X] A General Lmbflity Insurance'
General Llablhty ~nsurance with combined s~ngle hmlts of not less than
$1,000,000 shall be provided and maintained by the Contractor The pohcy shall
be written on an occurrence bas~s either in a single pohcy or m a combination of
underlying and umbrella or excess pohcles
IX]
If the Commercial General Llablhty form (ISO Form CG 0001 current edlUon) 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, medmal 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 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 hablhty (preferably by endorsement) covenng this
contract, personal mjury hablhty and broad form property damage
hablhty
Automobile L,ab,l,ty Insurance
Contractor shall provide Commercial Automobile Liability msurance with Combined
Single Lurers (CSL) of not less than $500,000 either in a single policy or m a
combmaUon of basic and umbrella or excess pohcles The policy will include bodily
injury and property damage habfllty arising out of the operation, maintenance and use
of all automobiles and mobile equipment used m 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
[]
[1
Il
[]
Il
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meetmg the mimmum 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 limit for occupatmnal 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 budding or construction projects, the Contractor shall comply with the provisions
of Attachment 1 m accordance with §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's CompensaUon Commission (TWCC)
Owner's and Contractor's Protective Liabd~ty 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 habthty insurance Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate
F~re Damage Legal Liability Insurance
Coverage ts 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
Professmnal Llabihty Insurance
Pr0fess~onal llablhty insurance with hmlts not less than per claim with respect to
negligent acts, errors or omissions In connection with professional services is required under
this Agreement
Budders' 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
Addttmnal 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 specfficatlons
ATTACHMENT 1
[x]
Worker's Compensation Coverage for Budding or Construction ProJects for
Governmental Entrees
A Definmons
Certificate of coverage ("cert~ficate")-A copy of a certificate of ~nsurance, a
certificate of authority to self-insure ~ssued by the counmsslon, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or ent~ty's employees
prowdmg serwces on a project, for the duration of the project
Duratxon of the project - includes the tune 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 entity
Persons prowdlng services on the project ("subcontractor" m §406 096) - ~ncludes
all persons or ent~t~es performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
d~reetly w~th the contractor and regardless of whether that person has employees
Th~s includes, w~thout hmltat~on, ~ndependent contractors, subcontractors, leasing
compames, motor carners, owner-operators, employees of any such entity, or
employees of any enttty which furmshes persons to prowde serwces on the project
"Serwces" include, without lmutat~on, providing, hauhng, or dehvermg
eqmpment or materials, or prowdmg labor, transportation, or other serwce related
to a project "Serwces" does not include activities unrelated to the project, such as
food/beverage vendors, office supply dehver~es, and delivery of portable toilets
The contractor shall provMe coverage, based on proper reporting of classification
codes and payroll amounts and fihng of any overage agreements, which meets the
statutory reqmrements of Texas Labor Code, SecUon 401 011(44) for all
employees of the Contractor prowdtng serwces 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 perxod 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 w~th the governmental entity
showing that coverage has been extended
E
F
G
H
I
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1)
a certificate of coverage, prmr 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 extenslnn 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 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
provldlng services on the project
The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, reforming all
persons providing services on the project that they are required to be covered, and
statmg 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)
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, prmr 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
K
(a) a certificate of coverage, prior to the other person beglnmng 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 per~od 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)
nottfy the governmental entity in writing by certified mall 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
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representmg 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 classfficatlon codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, m the case of a self-insured, with the commission's Division
of Self-Insurance Regulation Providing false or mlsleadmg reformation may
subject the contractor to admmlstranve penalnes, criminal penalties, mvll penalties,
or other mvll actions
The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor whtch entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of nouce 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 c~,s ROOFING SEP. VTC. ES. ]'NCC, ....
DATE NOVEMBER 16~ 1999
MS DENISE HARPOOL, PURCHASING
Ct FY OF DENTON
901-B TEXAS STREET
DENTON, TX 76201
De,~r Ms Harpool
The undersigned, ~n compliance w~th your advertisement for Bids for Rerooflng on certam areas
of the follow~ng building
DENTON ELECTRIC PRODUCTION PLANT
1701-A SPENCER ROAD, DENTON, TX
REROOF AREA A
have examined the Drawings and Specifications, together w~th the related documents and alt
cond~t,ons surrounding the work, and hawng vm~tad the sites of the proposed work, hereby,
propose~ to furnish all work in every detail ~n accordance with the Contract Documents withe
the hrne set forth here~n end at the pnces stated below These pnces shall cover all expenses
recurred ~n performing the work under the Contract Documents, of which the Proposal ~s a part
Attached herewith, please find (Cashier's Check) (Certified Check) (Bid Bond) In the amount of
$ ~ , five percent (5%) of the b~d
I (or we) acknowledge receipt of the following addenda
ADDENDA #1 ~t"~'/ (Imflal)
ADDENDA #2 (Initial)
ADDENDA #3 (Inltml)
PROJECT #2430 PAGE 2 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON, TX
NOTICE TO ElIDDERS
BID #2430
Sealed proposals addressed to the C~ty of Denton, Purchasing Department, 901-EI Texas Street
Denton, TX 76201 w~ll be received at the office of the Purchasing Agent untd 2 00 P M,
Tuesday, November 16, 1999, for reroofmg 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, ~n
the Purchasing Department Conference Room located at 901-B Texas Street B~d
Specifications wdl be dlstnbuted to quahfled prospective bidders at that t~me
The b~ds will be pubhcly opened and read, b~ds received later then the specified t~me and date
wdt be returned to the bidder unopened The bids wdl then be officially rewewed and awarded
by the C~ty Councd as soon thereafter as possible
All b~d proposals must be made on the pnnted document forms ~ncluded ~n the specifications
The submitted b~d shall not be altered, w~thdrawn, or resubmitted w~thm s~xty (60) days from and
after the date of the bid opening
No ofhcer or employee of the C~ty of Denton shall have a financial ~nterest, direct or ~nd~rect, ~n
any contract w~th the City of Denton
Minority and small bus~ness vendors or contractors are encouraged to b~d on any and all C~ty o¢
Denton, Texas projects
CITY OF DENTON, TEXAS
Denise Harpool
Purchasing
Th~s advertisement to run on October 24 and October 31, 1999
PROJECT #2450 PAGE 3 OF ,5
PROPOSAL RI:ROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT
CITY OF DENTON, TX
CONTRACT DOCUMENTS Hawng examined the Proposal, General Instrucbons, Materials,
Execution, Drawings, and Contract for Project #2430 and Condltmns for Rerooflng work, and
hawng examined the premmes and c~rcumstances affecting the work, the undermgned offer
OFFER I To fummh all labor, matenal, tools, equipment, transportation, bonds, all applicable
taxes incidentals, end other facllibes, and to perform all work for the said rerooflng for the
follow,nE 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 ,,. ~{IRTY-NINE THOUSAND DOLLARS
$ ,~9~000~00
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 $.. 2,700 00
TOTAL SIX THOUSAND FIVE HUNDRED DOLLARS $ 6,500 00
UNIT PRICE PROPOSAL
Remove and replace deteriorated nailers $ 1 50 per linear foot
2 Addmonat cost over and above the contract amount for replacing wet insulation
$ 3 00 per square foot
3 Install four ~nch (4") roof dra~n $13 00, each
4 Install four ~nch (4") PVC dra~n hne complete w~th all connections, elbows, etc
$ 14~09 per hnear foot
5 Additional cost over and above the contract amount for weekend or overtime requested by
the Owner $ 7 O0 ad~ltloDal cost per man par hour
PROJECT #2430 PAGE 4 OF 5
PROPOSAL REROOFING AT THE DENTON ELECTRIC PROBUCTION PLANT
CITY OF BENTON, TX
QUALIFICATIONS 2 Contractor shall fill m below material manufacturer's company name of
matenals being bid on
Coal-Tar Elastomenc Membrane (CTEM) ARMK0 INDUSTRIES, INC
Base Sheet .TfW~N$-~ANVILLE COMPANY
insulation CELOTEX
Felt
JOMNS-MANVILLE COMPANY
BRumen TRUMBULL ASPHALT PRODUCTS
EXAMINATION OF SITE 3 By mgmng the Proposal Form, contractor acknowledges he or an
authonzed, 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 th~s bid, within thirty (30) days of the date of thru
proposal, I (or we) agree to execute the formal contract w~th~n ten (10) days thereafter, and to
dehver 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 spemflcat~ons
w~tl~m the hme limits set forth below subject to add~bonal days that may be added due to
~nclement weather and/or other justified and reasonable extensions or brae as may be approved
by the Owner
Contractors that are awarded contracts shall be prepared to ~mmedmtely sit down w~th the C~ty
of Denton Representatives and present a plan that will Illustrate how progressmn of work ~s to
take place to ~nsure completion of all work within specified time I~m~ts The time hm~ts are as
follows
A working,day is defined as a calendar day, not ~ncludlng Saturdays, Sundays, or legal holidays,
m which weather or other conditions not under the control of the company w~ll permit the
performance of the pnn~pal units of work underway for a continuous period of not less than
seven (7) hours between 7 00 A M and 6 O0 P M For every Saturday on which the company
chooses tO work, one day will be charged against the working time when weather condibons will
permtt seven (7) hours of work as dehnaated above A pnnc~pal umt of work shall be that umt
which controls the complebon time of Ihe agreement Nothing In th~s ~tem shall be construed as
prohibiting the company from working on Saturdays ~f ~t so demras If Sunday work Is permitted
by the Owner, time w~ll be charged on the same barns 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 undermgned agrees that the Owner may retain the sum ONE HUNDRED FIFTY DOLLARS
($150 00) from the amount to be pa~d to the undermgned for each calendar day that the work
contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED
Th~s amount Is agreed upon as the proper measure of hqu~dated damages which the Owner w~ll
sustain per day by failure of the undersigned to complete the work at the stipulated t~me, and ~s
not to be oonstrued In any sense as a penalty
If a contractor ~s awarded the project, project must be completed w~th production averagtng
1,500 square feet per day or contractor w~ll be subject to hqu~dated damages as set forth below
Payment will be made to the contractor within thirty (30) days after receipt of written acceptance
of project complebon from the Owner's representative, contractor's tnvolce, and all wntten
warrant~es from both contractor and manufacturer
I (or we) agree to promptly furnish a correct and current hnanctal statement of condition w~th hst
of owned equipment and an experience record of completed projects for exam~nabon by Owner
and arch[tact, If same is raqu~ed
SEAL (if by Corporatmn)
RESPECTFULLY SUBMITTED BY
DONNIE MORROW
(Name)
SUPERINTENDENT
(T~tla)
5001 WEST UNIVERSITY DRIVE
(Address)
DENTON. TEXAS 76207
Indicate ~f ( ) Partnership
(x) Corporation ( ) Sole Owner
If a partnership, hst names and addresses of partners
It corporat~on,~ndmate statem which corporation was organized andm exmtmg
Pnnclpal Stockholders (Name and Address)
.TOSEPM.~, MULROY, PRESIDENT 119 RIDGECREST CIRCLE DENTON, TX 76205
MICHASL C SCHLOEMAN, VP 9490 JIM CHRYSTAL ROAD KRUM, TX 76249
TEXAS
DANIEL R. KRESS. VP 12108 LAKESHORE CT SANGER, TX 76266
Bid Bond
Surety Department
KNOW ALL ~EN BY THESE PRESENTS,
That we, CBS Roofing Serwces. as Prmetpal, hereinafter called the Pnnctpal, and the ~ F~re
Insurance Company, a corporation created and ex~stmg under the laws of the State of ~,
whose pnnmpal office is m Hartford. CT, as Surety, heremafter called the Surety, are held and firmly
bound unto City of Denton. Texas. as Obhgee, hereinafter called the Obhgee, m the sum of Five nercent
(5%} of amomat bid Dollars ($ ............. ), for the payment of wtuch sum, well and truly to be made,
the smd Prmclpal and the satd Surety, brad ourselves, our he~rs, executors, adrmmstrators, successors and
asmgns, jointly and severally, fu-mly by these presents
Whereas, the Principal has subrmtted a b~d for
Re-roofinu Denton Electric Production Plant
NOW THERI~FORE, zf the Obhgee shall accept the btd of the Pmnc~pal and the Principal shall enter into a
contract wtth the Obltgee m accordance wtth the terms of such btd, and gxve such bond or bonds as may be
specified tn the b~ddmg or contract documents w~th good and sufficient surety for the fazthful performance
of such contract and for the prompt payment of labor and maternal furmshed m the prosecutton thereof, or
in the event of the failure of the Prmctpal to enter such contract and gxve such bond or bonds, If the
Prmczpal shall pay to the Obhgee the d~fference not to exceed the penalty hereof between the amount
specffied m smd bM and such larger amount for wlueh the Obhgee may ~n good faah contract w~th another
patty-to perform the work covered by satd b~d, then thru obhgat~on shall be null and void, otherwise to
remain m full ,force and effect
S~gned and sealed thts 16th day of November, A D 199~)~
Attest
CBS Roofing Serwces
By (SEAL)
(T~DANIEL R~ KRESS, VP
Wlmess
Hartford Fire Insurance Company
Fact--
(SEAL)
Form S-3266-4 Prmt~l m U S A 12-70
................... 12/17/99
-- - ~'~ '~ :~ ~ '~" ~ ' THIS CERTIFICATE IS ISSUED AS A'MAI'TER..
OF
INFORMATION
p~OOUCE~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
~JCK~ AS~C~ [~C HOLDER ~lS CE~IFICATE DOES NOT AMEND, ~END OR
Box 2~ ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVE~GE
D
'-'" '~IS IS TO CERTI~ T~T ~E POUCIE8 OF INSU~NCE MSmD BEL~ ~ BEEN I~UED TO THE INSURED ~MED A~OVE
FOR
THE
POLICY
PERIOD
INDICATED NO~I~STANDING A~ REQUIREMENT ~RM OR CONDmON OF A~ CONTACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS
CE~IFICATE MAY BE I~GUED OR ~Y PE~AIN ~E INEU~NCE AFFORDED BY ~E POLiCiES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
~N~L UABIM~ GEN~L A~REGA~ $ 2
X ~MME~IALG~M~IU~ 933063~ 09/0[/99 O9/OZ/OO P~DUC~ COMP/OPAGG 2 000_00~
~ C~IMSMADE ~ OCCUR PE~NAL&ADVINJURY ~ 000 OOO
ALL OWNED AUTOS BODILY INJU~
~ (Per pemon)
SCHEDULED AUTOS
(Per accident) $
co~e~sat~o~ ~s [ns~a~oe ts ~ma~ "Sa~d ~o[~c~ sba1[ not be ca~ce[[ed~ non~enewed o~ mate~[a[[E changeO with-
out 30 days a~vance~ w~ttte~ ~ottce betn~ gt~e~ to the o~e~ except when the ~o[tcy ts be~n~ oancel[eO ~o~ nonpayment
I
~ ACO~'~R~T)ON 1988
Bond #46BCSAE7275
PERFORMANCE BOI~D
STATE OF r~A$ ~
COUNTY OF DENTON' §
KNOW ALL MEN BY ?~F.~ PP.~SENTS- Tim CBS Roofin~
~ ~ ~, ~ "~rCford F~re Insurance" Company
a ~ ~ ~d ~ ~ ~ ]~ Of ~ ~tC ~ qonnec~$,c~
StaU: of 'fem, hct~ten~ csllud Ownt~, m thc pond ~um of Y F~ve Thousand, Five
H~ndrat and no/!O0 DOLLARS ($ 4~.500 ) plus t~n perc~mt ol~dm smu~d p~,u! 'sum ~
eddiuonal sum of money ZelaUen~tns additional a~un cxpeuses, anoro,,ys' fan. a~d hqmd~tat
damages arums out of or e.m~e~led ruth the below ,deaufiM Cohere, m hw~ ~ of ~e
U~ ~s, m ~ prod m ~n ~, Te~, for ~ pa~t of w~ s~ ~ ~
~ ~, Jo~ ~ s~y, ~ ~ ~e ~esm ~ ~ ~1 eu~y ~
Co~ p~, ~ m ~ ~ s~l a ~e ~ or ~~ A~-...~t
r~s ~ Co~t ~ ~e ~ ~ m of ~ ~M
THE OBLIGATION TO PAY SAIv~ ~ cond~oucd, as f0tl~ws. Whcrc~s, thc
Prmc~ entered into a ~ Cont~act, sdsn~ficd by Ordinance Number 99442. w~h the
Ci~ of l:~m~on, ~ Owner, d~tM the 7 day of ~ A D ... 1999 , ~t copy
of wh~h ts hm'~o ~ ,~'~ made a p'~"~er~f,
~d..~43o -.Reroofi~ ~!~ Denton f~ ,,e~ttc Pro~.ou PI~ .........
NOW. T~~, ~ ~ ~1 wnH, ~y md ~,m~dly ~o~ ~ ~
~r~ ~ ~ P~, S~om ~ C~ D~ d~ ~c ong~l ~
~f ~ ~ o~n ~mf w~ my ~ ~ ~ ~ O~, ~ ~ ~out no~
m ~ S~, ~ ~ ~ l~of~y ~ ~ w~ ~ ~ ~ ~, ~
~W~k~O~, ~, ~~$~H hHy~~ave~s ~
O~ ~om ~ ~m n~ ~s ~h ~ rosy su~ ~ r~n of ~e ~ so per~
~-1
PROVI~BD I~OR?H~R, d~ ff any legal ~
~ ~ eof ~ ~n~t ~ ~ ~e Work ~ be p~ ~, or
R~ ~ent m Denton C~ m w~m ~ t~s~ ~ ~y be ~tver~ ~ on
PI~NCIPAL
C~$ P,.oo~in~ Serv±ce~
OS FU s !
WITNESS:
SUB~TY
Hartford Fire Insurance Company
T~ P4m~de~ A~e~ of'the S~ mDallas Co~, Te~ f~ ~hvc~ of ~Uce --8 ~
of ~ pro~s ~.
NA~ William Lawrence Bro~
ST~Tt~D~ 10309 N Central Expy #580 Dallas, TX,, 75231-8630, ,,,
~or~Mn, ~ a ~'~ ~.)
PAYMENT BOND
Bond #46BCSAE7275
STAI'~ OF TF.,e"f~A$ §
COUNTY OP DI~qTON
KNOW ALI, l~N BY T~-q~ P~-qENTS Tb~
whosc ~ ~ ~1 W~ Um~m Dr
~. ~ Hartford Fire Insurance, Company,,
and m~ly to be made, wc h~reby bind ours~ves, out b~s, ~,
TIlE OBLIGATION TO PAY SAM~ ~S confhmm~d as follows Wheru~, ,se
Prtn~q~ mmepd into a ~ Co~a~, zden~J~d b~ Or,~,~--ee Numbe~ ~-442, w~ ~
C~yofDe~oa,~eO~,~drhe..~?~.__.ds~yof Dec~ab~. AD 1~ ,1copy
of w~mcJ2 ~ hnreto s~:h~d ~d r~de a ~ becel)f, ~r
But, ~, 24~0_. - l~o0flz~ ~h~ D~on ~ l~odu~., ,on,, Plant
NOW, T~'mn~.~OR~, ff the ~ sh~ll wcll, t~ly end ~ly ~ ~ ~
m~tyini l~r ~or ~t~ m ~ ~flou of ~ w~ ~o~ ~r m ~ Co~
~ vo~. ~e ~ ~1 ~ m ~ f~ ~ ~
PROVIDED PURl"HER, thnt it' any leg~ actton be filed on th~ Ik~d, exclusive venu~
he m D~umn Cmmty, Tcz.~
Bond ,, ~ven pursua~ ~o me prov~ious of Chel~r 22~3 o~ fac Tc~s
C~de, ~s amended, ~ld ~Uy o~tm~r ~pplk~ie smmms of rae b'l~e of'~ ex~
w~om scrv~ of proccu may be bad m na~m~ emmg ou~ of such surct~,~., as prov.?.~ b~
Amcle 7 I9-! of the lmuraucc Code, Vecaou's Anno~ed C~vil Statutes of thc Strafe of Tern
IN WITNP.~S WHP. R~.OF, th. mstnung~t is execu~d m ~ ~ptes, each oue of
w~,eltehallbedeemedanomgtml,~he ,,,,7,, dayo~..Dgc~:mb~r ,
PI~NCH'AL
Rooting. Service
~)']~NT JOSEPH S J{~LROY'
WITNESS
Hartford Fire Insurance Company
The Re~tdellt A~en~ of the Sure~' m DallasCeu~, Tex~ for cle~ve~7 of f~c~ a~ serv~e
of d~e pt*o~es$ m.
William Lawrence Brown
ST~ETAI)D~ 10300 N Central Expy #580 Dallas, TX
75231-8630
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Preaellta, That HARTFORD FIRE ~NSURANCE COMPANY a corporation duly organized
under the laws of the State of Connect[cut and having fla principal office in the C~ty of Hartford County of Hartford State of Connecbcut
does ~ereby make constitute and appoint
TRACY TUCK~R~ TOBIN TUCKER and W LA WRIfNCE BROWN
o£ FORT WORTH, TI~XA$
ItS true and lawful Attorney(s) in Fact w~th full power and authority to each of smd Attorney(s) ~n Fact m their separate capacity ~f more
than one is named above to sign execute and acknowledge any and all bonds and undertakings and other wrrilngs obhgafory m the
nature thereof on behalf of the Company ~n its business of guaranteeing the fidehty of persons holding places of pubhc or pnvate trust
9uara~ntastng the performance of contracts other than insurance poltcles guaranteeing the performance of insurance contracts where
sure y bonds are accepted by states and municipalities and exacuhng or guaranteeing bonds and undertakings required or permuted in
all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fu y and to the same
extent aa If such bonds and undertakings and other writings obligatory ~n the nature thereof were s~gned by an Execubve Officer of
HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers and hereby ratifies and confirms all
that ~[b said Attomey(a) ~n Fact may do in pursuance hereof
Th~s 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 meebng duly called and held on July 9 1997 as follows
ARTICLE IV
SECTION 7 The President or any Vice President or Assistant Vice pres~dect acting with any Secretary or Assistant Secretary shall have power
and agthorlty to s~gn and execute and attach the seal of the Company to bonds and undertakings recongmzances contracts of ~ndemfl~ty and other
wctlllgs Obligatory in the nature thereof and such instnJmects so signed and executed wch or w~th=ut the common seal shall be valid eno binding upon
the C¢~mpeny
SECTION 8 The President or any Vice president or any Assistant Vice President acbng with any Secretary or Assistant Secretary shall have
power, end authority to appoint for purposes oMy of exeogtlng end attesting bonds and undertakings and other writings obligatory in the nature thereof
one ot more resident Vice Presidents resident Assistant Secretaries and Attorneys ~n Fact and at any time to ~emove any such resident %ce President
res~deM Assistant Secretary or Attorney in Fa~t and revoke the power and authonty ~ven to h~m
Tffis power of attorney is signed and sealed by facsimile under and by the authorriy of the following Resolubon adopted by the D~rectors
of HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and hem on the 12th day of February 1993
, in Witness Whereof HARTFORD FiRE INSURANCE COMPANY has caused these presents to be s~gned by Rs Assistant V~ce
President and ~ corporate seal to be hereto affixed duly attested by Rs Secretary tffis 15th day of September 1997
Attestl HARTFORD FIRE INSURANCE COMPANY
Richard A Herrcenaon Seoretary
John F Burke Assistant V~ce PresMent
STATE OFCONNECTICUT,~ ss.
COIJNTt' OF HARTFORD
On this 15th day of September A D 1997 before me personally came John F Burke to me known who being by me duly sworn did
depose and say that ha resides in the County of Ha~lford State of Connecticut that he is the Assistant V~ce Premdent of HARTFORD
FiRE INSURANCE COMPANY the corporation described in and which executed the above instrument that he knows the seal of the
smd corporation that the seal affixed to the said instrument ~s such corporate seal that ri was so affixed by order of the Board of
D~ractora of said corporation and that he signed hie name thereto by like order
I the understgned Secretary of HARTFORD FIRE INSURANCE COMPANY a Connecticut Corporabon DO HEREBY CERTIFY
that ~e foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and fuHhermora that Article iV
SeCtibne 7 and 8 of thtt By Laws of HARTFORD FIRE INSURANCE COMPANY set forth m the Power of Attorney are now in force
Signed and sealed at the City of Hartford Dated the 7t~h dayof December
Robert L Post Secretary
1E 99