2001-373ORDINANCE NO 6~ OO/-Z ~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF ROOF COATING AT FIRE STATIONS NO 5
AND NO 6, DENTON, TX, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING FOR AN EFFECTIVE DATE (BID 2714 - ROOF COATING AT FIRE
STATIONS NO 5 AND NO 6, AWARDED TO MOISTURE SHIELD, INC, DALLAS, TX IN
THE AMOUNT OF $39,330)
WHEREAS, the City has sohmted, received and tabulated compet~tive bids for the
construction ofpubhc works or improvements in accordance with the procedures of STATE law and
City orrhnances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the here~n described bids are the lowest responsible bids for the construction of the pubhc works or
improvements described ~n the b~d ~nwtat~on, bid proposals and plans and speclficat~ons therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the following competitive bids for the construction ofpubhc works or
improvements, as described m the "Bid Invitat~ons", "Bid Proposals" or plans and specifications on
file ~n the Office of the C~ty's purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
~ CONTRACTOR AMOUNT
2714 Moisture Shields, Inc $39,330
S T~ That the acceptance and approval of the above competit~ve b~ds shall not
constitute a contract between the City and the person submitting the bid for construction of such
pubhc works or ~mprovements herein accepted and approved, until such person shall comply with all
reqmrements specffied m the Notice to Bidders including the t~mely execution of a written contract
and furmdung of performance and payment bonds, and insurance certificate after notification of the
award of the bid
SET~ That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
w~th the b~ds accepted and approved herein, provided that such contracts are made in accordance
w~th the Notice to Bidders and Bid Proposals, and documents relating thereto spemfy~ng the terms,
conditions, plans and specifications, standards, quantities and specified sums contmned there~n
~ That upon acceptance and approval of the above competitive b~ds and the
execution of contracts for the pubhc works and improvements as authorized herein, the C~ty Cotmcfl
hereby authorizes the expenditure of funds in the manner and m the amount as specified m such
approved bids and anthonzed contracts executed pursuant thereto
SECTION 5 That thru ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this the v~/~6~/ ~~ ,2001
-- day of
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
ATTACHMENT 1
TABULATION SHEET
BID # 2714
ROOF COATING AT FIRE STATION NO 5 & NO 6
Date
8/28/01
¢ ,, DENTON METRO
,,, TRINITY CONSTRUCTION
ROOFING
DENTON DENTON
Pnnc~ple Place of B~smess
BASE BID 1 - FIRE
STATION # 5
$42,867 $31,200
JEFF EUBANK AA MOISTURE
ROOFING APPLICATORS SHIELD
COMPANY, INC INC
FORT WORTH DALLAS DALLAS
$36,195 $35,902 $20,730
BASE BID 1 - FIRE
STATION # 6
$35,889 $26,000
$27,445 $31,973
$18,600
LUMP SUM BID $78,756
$57,200
$63,640 $67,000 $39,330
BID BOND
YES
CHECK
ENCLOSED
YES
YES
YES
ADDEN
YES
YES
YES YES
YES
2
Roof Coating ~t Fare Statmn No $ and No 6 B~cl # 2714
CONTRACT AGREEMENT
CITY OF DENTON
August 9, 2001
§ STATE OF TEXAS §
§ COUNTY OF DENTON §
THIS AGREEMENT, made and entered into tins 2nd ..day of October
A D, 2001, by and between Cxty of Denton of the County of Denton
and State of Texas, acting through M~chael A Conduff thereunto duly anthonzed so to do,
hemnafterltermed "OWNER," and
Moistttre Sbaeld, Inc
2912 Barge Lane
Dallas, TX 75212-4243
and State of Texas , heremaller
of the City of Dallas, County of Dallas
termed "CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the condltmns expressed m the
and complete
' O
bonds attached beret , CONTRACTOR hereby agrees with OWNER to commence
performance of the work spemfied below
Bid//2714 Roof Coat, n~ at Fire Station No 5 and No 6
m the amount of $39,330 00 and all extra work in connection therewith, under the terms as
stated m ~the General Cond~tions of the agreement, and at bas (or their) own proper cost and
expense to furnish all materials, supplies, machinery, eqmpment, tools, supenntendence, labor,
insurance, and other accessones and services necessary to complete the work specified above, ~n
accordance with the conditions and prices stated m the Proposal and the Performance and Payment
Bonds, a~tached hereto, and m accordance wath all the General Condmons of the Agreement, the
Special Gonchtlons, the Notice to Bidders (Advertisement for B~ds), and Instructions to Bidders, as
referenced herein and on file in the office of the Purchasing Agent, and m accordance with the
plans, wtuch includes all maps, plats, bluepnnts, and other drawings and pnnted or written
explanatory matter thereof, and the Specifications therefore, as prepared by
Armko Industlres Co and C~t¥ of Denton Staff
all of winch are referenced hereto and made a part hereof and collectively evidence and constitute
the entare contract
CA-1
75
Roof Coating ~t F~re StaUon No 5 and No 6 B~d # 2714 CITY OF DENTON
August 9, 2001
Independent Status
It as~mutually understood and agreed by and between Caty and Contractor that Contractor is
an independent contractor and shall not be deemed to be or considered an employee of the Caty of
Denton, Texas, for the purposes of income tax, w~thholdmg, social security taxes, vacataon or sack
leave benefits, worker's compansatmn, or any other Caty employee benefit City shall not have
supervision and control of Contractor or any employee of Contractor, and ~t is expressly
understood that Contractor shall perform the servmes hereunder according to the attached
specaficatlons at the general darectlon of the City Manager of the Caty of Denton, Texas, or has
designee under thas agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the Caty of Denton
from any and all damages, loss, or habfllty of any kmd whatsoever, by reason of anjury to property
or tlurd persons occasioned by any error, omaas~on or neghgent act of Contractor, xts officers,
agents, employees, mvatees, and other persons for whom ~t as legally hable, wath regard to the
performance of ttus Agreement, and Contractor wall, at ars cost and expense, defend and protect
the Caty of Denton against any and all such clmms and demands
Choice of Law and Venue
Tlus agreement shall be governed by the law of the State of Texas and venue for ~ts
construetmn and enforcement shall he 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 written notate to commence work and complete all work watlun the
tame stated m the Proposal, subject to such extansmns of tune as are provided by the General and
Speeml Conditions
The OWNER agrees to pay the CONTRACTOR an current funds the price or prices shown
m the Proposal, wtueh forms a part of ~us contract, such payments to be subject to the General
and Special Cond~tmns of the Contract
CA - 2
76
Roof Coating at Ftre Station No 5 and No 6
Btd #2714
CITY OF DENTON
August 9, 2001
and day firstlabove written
ATTEST
1N WITNESS WHEREOF, the part~es of these presents have executed thts agreement m the year
OWNER
BY
ATTEST
A~< AS/~FORM
CITY I ~q~Y
CA - 3
(SEAL)
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
BY
TITLE
PRATED NAME
(SEAL)
77
Roof Coating at F~re Stattona No 5 and No 6 B~d $$2714
Moisture Shield, Inc
,CITY OF DENTON
August 9, 2001
NAME OF BIDDEK
DATE
Molsture Shield, Inc.
08/27/01
MS CHRISTy SKIRCHAK
PURCHASING
CITY OF DENTON
901-B TEXAS STREET
DENTON, TX 76209
Dear Ms S~rchak
The understgned, tn oomphance w~th your advertisement for B~ds for the Roof Coating at F~re Station No
5 and No 6, having examined the Drawings and Speofficat~ons, togeth~ w~th the related documents and all
condmons surrounding the work, and having ms,ted the s~tes of the proposed work, hereby, proposes to
furmsh all work tn every detail m accordance wlth the Contract Documents wathm the me set forth herem
and at the prices stated below These prices shall cover all expenses recurred tn pcfforrmng the work under
the Contract Documents, of wl'ach the Proposal ~s a part
Attached herewith, please f'md (Castuer's Check) (Cemfied Check) 03~d Bond) m the amount of
$ 1,967.00, ,fiveperoent(5%)ofthebtd
I (or we) acknowledge receipt ~f the following addenda
ADDEND~. #1 ~'~ (lmtml)
ADDENDA ~$2 (Imhal)
ADDENDA #3 .(Imt~al)
62
KoofCo~tmg :t F~ Stations No 5 a~d No 6 B~d #2714
Moisture Shield, Inc
CITY OF DENTON
August 9, 2001
CONTRACT DOCUMENTS Hamng examined the Proposal, General Lnstruct~ons, Materials, Execution,
Drawings, and Conh'act for CBld # 2714) and CondItions for the Roof Coating at Fum Station No 5 and
No 6 work, and hamng exarmned the prerrnses and c~rcumstanocs affecting the work, the understgaed offer
OFFER To fumtsh all labor, material, tools, ¢qmpment, transportatmn, bonds, all apphoabl¢ taxes,
mmdentals, and other famhhes, and to perform all work for the said Roof Coating at Fire Statnon No 5 and
No 6 for the f011owmg area
BASEBID 1 - FIRE STATIONNO 5
Prowd¢ clastomenc coating roof system and repmr metal flashings per specifications
Twenty Thousand Seven Hundred Thirty Dollars & .OO/¢ $20,730.00
Ten Thousand Three Hundred Sixty F~ve Dollars
MATERIALS $10.365.00
%~BOR Ten Thousand Three Hundred Slxty F]vse
Twenty Thousand Seven Hundred Thirty Dollars
TOTAL
BASE BID 2 - FII~E STATION NO 6
Promde ¢lastomerm coating roof system and repair metal flashings per spemficatmns
E~ohteen Thousand S~x Hundw~d Dollars & 00/~
$ 18,600.00
MATERIALS Nine Thousand Three Hundred
Nine Thousand Three Hundred
LqBOR
TOTAL Eighteen Thousand Six Hundred Dollars
$ 9.300.00
$ 9,300 O0
$ 18,600.00
LTJMI' SLTNI BID - I~' BOTH AWARDED TO ONE CONTRACTOR
Twenty Tgousand Seven H~ndr¢d Thirty Dollars & .00/~ $ 7o:7~n.00
Ten Thousand Three Hundred S~xty Five Dollars
MATERIALS $ 10,365.00
Ten Thousand Three Hundred Sixty F~ve Dollars
LABOR $ 10~365 O0
TOTAL Twenty Thousand Seven Hundred Thirty Dollar 20,730 00
]LnwordsEighteen Thousand Six Hundred Dollars & 00/¢
$ 18.600.00
Nine Thousand Three Hundred Dollars
MATERIALS $ 9.300.00
N~ne Thousand Three Hundred Dollars
LABOR $ q:~00.~0
TOTAL E~ghteen Thousand Six Hundred Dollars $ 18,600.00
63
Roof Coatmg atlF~re Statlons No 5 a. ncl No 6 B~d #2714 CITY OF DENTON
Moisture Shleld,Inc ,' August 9, 2001
UNIT PRICE PROPOSAL
1 Remove and replace deteriorated metal roof panel to match exlstmg $ 6 00 per square foot
2 Addlttonal cost over and above {he contract amount for weekend or overtime requested by thc Owner
$1 § 00 ~ddttlonal cost per man per hour
QUALIFICATIONS Contrastor shall fill m below matenal manufacturer's company name of materials
bemg bid on
Elastomenc Coating Roof System Thermo
EXAMINATION OF SITE By slgmng the l:'roposal Form, contractor acknowledges he is an authorized
representatwe and has exammed the site and ~s aware of all field condatmns, wbach may affect the work
TAXES Tax shall not be mcluded m your Ind
Upon receipt of notme of acceptance of this bid, w~tlun ttnrty (30) days of the date of this proposal, I (or
we) agree to execute the formal contract wttun ten (I0) days thereafter, and to dehver an Insurance
Certliicate, a SURETY BOND m the amount of ONE HUNDRED and TEN PERCENT (110%) of the
con~raot price for the fmthful performance of the contract, and a ONE HLrNDKED PERCENT (100%)
STATUTORY PAYMENT BOND
The undersigned agrees to complete all work shown on the drawmgs and ~n the specifications w~thm the
tmae halts set forth below subject to addxtaonal days that may be added due to inclement weather and/or
other justified and reasonable exteusmns or tune as may be approved by the Owner
Contractors that are awarded contracts aha11 be prepared to xramedlately sit down v~th the Ctty of Denton
Representatives and present a plan that w~11 illustrate how progressmn of work xs to take place to msure
completion by December 31,2001
If a contractor ts awarded the project, the project must be completed wattun the dates shown above or the
contractor will be subject to hqutdated damages as set forth below
A workmg day is defined as a calendar day, not mcludmg Saturdays, Sundays, or legal holidays, tn winch
weather or other oond~tmns not under the control of the company wall perrmt the performance of the
pnnclpal units of work underway for a eontmuous period of not less than seven (7) hours between 7 00
A M and 6 00 P M For every Saturday on which the company chooses to work, one day w~11 be charged
agamst the workmg 'amc when weather corsdltious w~ll perrrnt seven (7) hours of work as delmeated above
A pnnctpal unit of work shall be that unit whmh controls the completion t~me of the agreement Nothmg in
this item shall be cons~ued as probabltmg the company from workmg on Saturdays tf it so demres If
Sunday work is perrmtted by the Owner, time will be charged on the same bas~s as weekdays
THE OffICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF
MAINTENANCE'S OFFICE
64
Roof Co~tmg at ~ro St~t~ons No 5 and No 6 B~d #2714 CITY OF DENTON
August 9, 2001
Moisture Shleld,Inc
l~a¢ undersigned agrees that the Ov~er may retain the sum of ONI~ HUNDRED FII~q'Y DOLLARS
($150 00) from the amount to be paid to the undcrslgncd for each calendar day that thc work contemplated
remains incomplete beyond the Ume set forth, Sundays and holidays INCLUDED This amount ~s agreed
upon as thc proper measure of hqmdated damages which the Owner will sustain per day by failure of the
undermgned to complete the work at the stipulated tune, and is not to be construed m any sense as a
penalty
Payment vall be made to the contractor vathln tturty (30) days after receipt of proper mvmce and written
acceptance of project from the Owner's representative, all reqmred material invoices, documentation, etc
and all written warranties from both contractor and manufacturer
I (or we) agree to promptly furnish a correct and current fmanmal statement of condition v~th a list of
owned equipment and an experience record of completed projects for exarmnat~un by Owner and architect,
if same is required
SEAL (If by Corporation)
RESPECTFULLY SUBMITTED BY
President
(T~tlc)
2912 Barge Lane
(Address)
Dallas, Texas 75212
Indicate if ( ) Partnership ( )~ Corporation ( ) Sole Owner
If a partnership, list names and addresses of partners
Ifco~ora~on, mdlcatestate m w~ckcorporatlon wasorgamzedandmexlstmg
PrmcipalStockholders (Name andAddress)
Dan Wh!tfleld 2912 Bar$e Lane Dallas, Texas 75212
Dawd Doyle 2912 Barge Lane Dallas, Texas 75212
Texas
65
Roof Coating at,us StattonNo $ anRNo 6
B~d # 2714 CITY OF DENTON
August 9, 2001
PEKFOI~fA~CE BOND BOND NO 118293
STATE OF TEXAS §
COUNTY OF DB!NTON §
KNOW ALL MEN BY THESB PRESBNTS That ~whose address
~s . 2912 Barge Lane. D,I~.~. T~xas 75212-4243 hereinafter called Pnnclpal, and
EVERGREEN.....NATIONAL INDEMNITY C,OMP,A.N~ ,, , a corporation orgmuzexl and
existing udder the laws of the State of 0HI0 ,,, ~ fully authorized to tramact
business 111 the State of Texas, as Surety, are held and firm/y bound unto the City of Denton, a
mummpal corporation orgamzed and existing under the laws o£ the State of Texas, hereinafter
called Ovnler, in the penal sum of THIRTY NINE THOUSAND. THREE HUNDKED AND
TpJ~KTY DOLLARS ($ $39.330.00 ~ plus ten percent of tho stated p~nal sum as an adchhonal
suin o£inoney rep~esentml~ additional court expense% attorneys' fees, and hqutdated damages
arising ou~ of or connected w~th the below identified Contract, m lawful money of the United
States, to be paid in Denton County, Texas, for the payment o£wb~eh sum well and truly to be
made, we hereby hind ourselves, our heirs, executors, administrators, successors, sad assigns,
jointly and severally, firmly by these presents This Bond shall automalioally be increased bY the
amount of any Change Order or Supplemental Agreement, which increases the Contract pnce, but
~n no event shall a Change order or Supplemental Agreement, which reduces the Contract puce,
decrease the penal sum of tins Bond
THE OBLIOATION TO PAY SAMB Is cendmoned as follows Whereas, the Pnncipal
entered into a c~u'tain Contract, ~dentLfied by Ordinance Number 2001~$73, with the C~ty of
Denton, the Owner, da'~ed the 2"!. day of ~ A D 2001 , a copy of which ~s hereto
attached and inade a part hereof, for Bid #2714 Roof Coating.at Fire Sl:!t'~mn No ~ and No. 6
NOW, THEREFOR-E, if the Principal shall well, truly and faRh~lly perform and fulfill all
of the undertakan§s, covenants, terms, conditions and agreements of said Contract in accordance
w~th the Pla~, Speclficataons and Contract Doeuments dunng the original term thereof and any
extensmn thereof winch may be granted by the Owner, with or w~thout not,ce to the Surety, and
dunng tile life of any guaranty or warranty rcqtured under this Contract, and shall also well and
truly perform and fulfill all thc undertakings, covenants, terms, conchtlons and atgeements of any
and all duly authonzed inod~ficat~ons of said Contract that may hereafter be made, not,ce of which
modifications to the Surety baialg hereby waived, and, if the Pnnclpal shall repmr end/or replace
all defects due to faulty inatenals and workmanship that appear vathin a period of one (1) year
from the date of final completion and final acceptance of the Work by the Owner, and, ffthe
Prmc~pai shall fully indemnify and save harmless the Owner from all costs and damages wtuch
Owner inay suffer by reason of failure to so perform hereto and shall fully relmburs~ and repay
Owner all outlay and expense which the Owner inay recur in making good any default el
deficleuey, then this obligation shall be vo~d, otherwme, it shall remain ~n full force and effect
PB- I
78
RoofCo~OuS ~t'F~ StattonNo ~ ~dNo 6
CITYOFD~NTON
Augu~tg,2001
PROVIDED FURTHER, that if ~ay legal acuou be fried upon flus Bo~d, e×clumve venue
~hall he m Denton ~un~, Stat~ of Texas
~ PKOV~BD ~T~K, ~at ~e smd S~ety, for value re~ved, hereby s~pula~s
~d a~ees ~at Uo ch~ge, extenmon of ~e, ~terahon o~ addison to ~e
to ~e Wo~k to b~ perfo~e~ ~ere~der, or lo the pl~s, Spemficatmns, Drawings, etc,
accompm~g ~ s~e, ~hall m ~me affcot its obllgat~on on thru Bond, ~d fl does hereby
w~ve noUc~ of my such change, extenmon of ~me, alt~auon or addition to tho
Con, act, or to ~ Work to be peffo~ed ~ere~der, or to ~e Plus, Spectficattons, Drawings,
~tc
Thru Bond m given p~su~t to ~e prows~ons of Chapter 2253 of the Tex~ Oovement
Code, ~ ~ended, ~d ~y other apphcable sta~tes of~e State of Tex~
~e md~m~ed ~d desi~a~d agent m ~er~by desl~ated by
Remdent Agent m Denton Com~ to whom my reqmsite notl~s may be delivered ~d on whom
semce of~p~ocess may be had m ma~s msmg out of such s~et~p, ~ provided by ~cle
? 19-1 of the ~surmce Code, Vemon's ~otated Clvtl Sta~tes of ~e State of Texa
~,~S5 ~OF, t~s ~tment is executed m 9~E ~opms each one ofwMch
shall be deemed ~ on~al, ~s the 2~ day of ~CTOBE~, _2001
P~C~
ATTEST
SBCRBTAI~Y
MOISTUR_~E_ $~TF, T,D ,.
PRESIDENT
ATTEST
SUPdSTY
EVERGREEN NATIONAL 2J~
CHAD W LAND
The Resident Agent of the Surety ia Denton County, Texas for delivery of nottce and service of
the proofs
NA_N~I_ cHAD W. L,A. ND - -
STP. BBTADDRBSS ~ 215 DUBANGO DR.. TRDpNV ~,II~. '~Y 7~9~9
Oqo'rEl Date of Pedofmanc~ Bond must be date of Cou~'act IfKemdemt A~ent Is not a o~ora~on, ~ve
a p~sou's name ) PB - 2
79
P. oof Coattn
at Fl~ Station No 5 and No 6 Bid # 2714
PAYMENT BOND
CITY OF DENTON
August 9,2001
BOND NO. 118293
STATE OF TEXAS §
COUNTY~ OF DBNTON §
KNOW ALL MEN BY THESE PRESENTS That ~l~ whose address
is 291~Bar~eLane. Dallas. TX 75212.4243 , hereinafter called Prmcrpal, and
EV~RCRF. R~ NATIONAL IND~iTy COMpAN~ a corporation organized and existing under the laws
of the State of oHIo , and fully authorized to transact bumness m the State of
Texas, as Surety, are held and firmly bound unto the City of Denton, a tnummpal corporation
o~gamzed~and e×istmg under the laws of the State of Texas, hereinafter called Owner, and unto all
persona, fu-tns, and corporations who may funush materials for, or perform labor upon, the
bmldmg pr unprovements hereinafter referred to, in the penal sum of THIKTY ~
THOUSA~ND. THI~I~ HUNDPCED AND THII~TY_ DOLLAKS ($39,330)) tn lawful money of
the United States, to be paid tn Denton, County, Texas, for the payment of wtuch sutn well and
truly to be made, we hereby bind ourgelves, our he~, executors, admunstrators, sueoessors, and
assigns, joattly and ~everally, firmly by these presents This Bond shall automatically be
increased, by the amount of any Change Order or Supplemental Agreement wlueh increases the
Contract price, but tn no event shall a Change Order or Supplemental Agreement wlxteh reduces
the Contract pnee decrease the penal sum of this Bond
TI~ OBLIOATION TO PAY SAME is conditioned as follows Whereas, the Prlnaipal
entered ~to a certain Contract, ~denttfied by Ordinance Number 2001- 373. with the City of
Denton, the Owner, dated the 2u~ day of ~c~qber A D. 200~, a copy of which is hereto
attached and tnade a part hereof, for Bid #27~ Koof Coatln~ at Fire Station No. 5 and No. 6
NOW, THEP~FOP,,E, If the Pnnmpal shall well, truly and faithfully perform its dutms and
make prompt payment to all persona, firms, subcontractors, corporations and claunants supplying
labor md/or matenal in the prosecution of the Work provided for tn said Contract and any and all
duly authonzed tnodlficatlons of said Contract that may hereafter be tnade, nohce of which
mochficahons to the S~ty bew_~ hereby expressly waived, then this obhgat~on shall be void,
otherwis~ 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 Comity, Texas.
AND PROVIDED FUKTHEK, that the smd Surety, for value received, hereby stipulates
and agrees that no change, extension oftnne, atteratmn or addition to the terms of the Contract, or
to the Work to be performed thereunder, or to the Plans, Specifications, Drawings,
accomp~ymg the same, shall tn a.ovvwise affect its obhgatmn on thru Bond, and tt does hereby
waive nOt, ce of any such change, extenmon of m-nc, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, IAaw~ngs,
PB - 3
80
Keel Co.~ at F~e S t~tioa %4o B aad No 6 BM # 2714 CITY OF DENTON
August 9,2001
Thls Bond is given ptusuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The undermine, d and dcmgnated agent ~s heruby dcmgnatcd by the Surety hereto as thc
Resident Agent m Denton County to whom ~my requisite not~ces may be delivered amd on whom
semace of process may be had in matters arising out of s~ch surety, as provided by Article 7 tg-1
of the Instance Code, Vernon's Annotated C~vil St~tu~es of thc ~t~te of Texas
IN WITleSS WHEREOF, this instrument is executed in ON~ copies, each one of which
shall be deemed au original, thts the 2Np.. day of OCTOBER , 200~1
ATTBST PRINCIPAL
BY
SECRETARY
MOISTURE SHIELD, INC,..
PRESIDENT
ATTEST
SURETY
EVgRGREEN NATIONAL INDE,MNI. TY COMPANY
ATTORI~-IN-FACT
CHAD W. LAND
The Resident Agent of the Surety in Denton County, Texas for delivery of notme and service of
the process ~s
CHAD W~ LAND
STREET ADDRESS
215 DURANGO D~..~ TROPHY CLUB, TX 76262
(NOTE Date of Payment Bond must b~ dat~ of Contract £f Restd~nt ~4gent is not a corporation,
give a p~r,~on's name)
PB - 4
81
IMPORTANT NOTICE
IN ORDER TO OBTAIN INFORMATION OR M~AK~ A COMPLAINT:
You maylcall EVERGREEN NATIONAL INDEMNITY COMPANY'S toll-flee number at
800-325-9112
or
You may write to EVERGREEN NATIONAL INDEMNITY COMPANY at
Attn Claims Department
P O Box 18295
Columbus, OH 43218
You may also contact the Texas Department Of Insurance to obtmn reformation on
compames, coverage's, rights or complaints at
800-252-3439
You may write the Texas Department Of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
ATTACH THIS NOTICE TO YOUR BOND. This notice is for ~nformatmn only and does
not begome a part or a condition of the attached document and ~s given to comply w~th
Sectionl 2253.048, Government Code, and Section 53 202, Property Code, effective
September 1, 2001
Roof Coatm~ at F~re Station No ~ and No 6
Btd# 2714
CITY OF DENTON
August 9, 2001
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's atten~on is d~rected to the insurance reqmrements below It ts htghly recommended that bidders
confer w~th'then: respective ~nsurance carriers or brokers to determine m advance of Bad subrmsslon the
availability,of insurance certificates and endorsements as prescribed and provtded heretn If an apparent
low b~dder fails to comply strmtly with the insurance reqmrements, that b~dder may be dtsquahfied from
award of the contract Upon btd award, all insurance requtrements shall become contractual obhgataons,
which the successful b~dder shall have a duty to maintain throughout the course of th~s contract
STANDARD PROVISIONS
Without hmiting any of the other obhgations or llabihties 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 mimmum insurance coverage as indicated hereinafter
As soon as practicable after notffication of bid award, Contractor shah fie w~th the Purchasing
Department satisfactory certificates of insurance, containing the b~d number and tffie of the project
Contractor may, upon written request to the Purchasing Department, ask for clarfficatlon of any
insurance requirements at any time; however, Contractors are strongly adwsed to make such
requests prior to bid opemng, since the insurance requirements may not be modified or waived after
b~d opening unless a written exception has been submitted with the bid Contractor shall not
commence any work or dehver any matertal until he or she receives notfficat~on that the contract has been
accepted, approved, and s~gned by the Ctty of Denton
All insurance policies proposed or obtained In satisfaction of these reqmrements shall comply wath
the following general specffieations, and shall be maintained m comphance with these general
specfficatlons throughout the duration of the Contract, or longer, if so noted
Each pohcy shall be tssued by a company authorized to do bus~ness tn the State of Texas wtth
an A M Best Company rating of at least A
· Any deductibles or selfqnsured retenttons shall be declared tn the b~d proposal If requested
by the Ctty, the insurer shall reduce or ehmlnate such deductibles or selfqnsured retenttons
w~th respect to the C~ty, tts officmls, agents, employees and volunteers, or, the contractor shall
procure a bond guaranteeing payment of losses and related mvesttgat~ons, clatm
adrmmstrat~on and defense expenses
Lmbfl~ty pohmes shall be endorsed to provtde the following
· . Name as additional insured the City of Denton, ~ts Offictals, Agents, Employees and
volunteers
· . That such insurance ~s primary to any other tnsurance available to the addtt~onal ~nsured
w~th respect to claims covered under the pohcy and that thts ansurance apphes
separately to each insured against whom clmm ~s made or stat ts brought The mclusmn
of more than one insured shall not operate to tncrease the insurer's bmtt of hablbty
All pobmes shall be endorsed to read
82
RoofCoatmg, atF~re Stat~onNo 5 andNo 6
B~d # 2714
CITY OF DENTON
August 9, 2001
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED"
Should any of the required insurance be provided under a clmms-made form, Contractor shall
maintain such coverage continuously throughout the term of this contract and, without lapse,
for a period of three years beyond the contract expiration, such that occurrences arising during
the contract term which gtve rise to elmms made after expiration of the contract shall be
covered
Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate hm~t providing for clatms mvesttgation or legal defense costs to be
included m the general annual aggregate limit, the Contractor shall either double the
occurrence hmtts or obtain Owners and Contractors Protective Llainhty 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 reqmred by thts contract, effectwe as of the lapse date If insurance
ss not reinstated, Ctty may, at its sole option, terminate this agreement effective on the date of
the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS.
All insurance policies proposed or obtained in satisfaction of this Contract shall addttionally comply
w~th the following marked specifications, and shah be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, ~f so noted
IX] A
General Liabihty Insurance:
General Liability ~nsurance w~th combined single hmxts of not less than $1,000,000 shall bc
promded and mamtamed by the Contractor Thc policy shall bc written on an occurrence
basts either m a single pohcy or m a combination of underlying and umbrella or excess
pohmes
If the Commercial General Llabfltty form (ISO Form CG 0001 current edmon) is used
· Coverage A shall include premises, operations, products, and completed operattons,
independent contractors, contractual liability covering this contract and broad form
property damage coverage
Coverage B shall include personal injury
· Coverage C, medtcal payments, is not required
If the Comprehenstve General Ltabthty form (ISO Form GL 0002 Current Edmon and ISO
Form GL 0404) is used, ~t shall include at least
· Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
exploston, collapse or underground (XCU) exposures
83
Roof Coating at F~re Statmn No 5 and No 6 Bid # 2714 CITY OF DENTON
August 9, 2001
Broad form contractual liability (preferably by endorsement) covenng this contract,
personal injury liability and broad form property damage liability
IX]
IX]
Automobile Liability Insurance.
Contractor shall provide Commercial Automobile Liability insurance vath Combined Single Limits
(CSL) of not less than $500,000 either m a single policy or in a combination of basic and
umbrella or excess policies The policy will include bodily injury and property damage habflity
an~mg 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
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability llnUts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000
policy hmlt for occupational disease The City need not be named as an "Additional Insured" bm
the insurer shall agree to wmve all rights of subrogation against the C~ty, its officials, agents,
employees and volunteers for any work performed for the City by the Named Insured For building
or, construction projects, the Contractor shall comply w~th the prowslons of Attachment 1 in
accordance w~th §406096 of the Texas Labor Code and rule 28TAC 110 i10 of the Texas
Worker's Compensation Commission (TWCC)
[]
[]
Owner's and Contractor's Protective Liabihty Insurance
The Contractor shall obtain, pay for and maintain at all times durmg the prosecutaon of the work
under this contract, an Owner's and Contractor's Protective Liability insurance pohcy naming the
Ctty 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 occurrenc
basis, and the pohcy shall be issued by the same insurance company that carries the Contractor's
hablhty msurance Policy limits wall be at least, combined bodily injury and property
damage per occurrence with a aggregate
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavmlable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[]
Professional Liability Insurance
Professional hablhty insurance with limits not less than. per claim vath respect to
n~ghgent acts, errors or ormsslons in connection with professional serrates is required under this
Agreement
84
Roof Coating at F~re Station No 5 and No 6 Bid # 2714 CITY OF DENTON
Augttst 9,2001
Builders' Risk Insurance
Builders' Risk Insurance, on an All*Rask form for 100% of the completed value shall be prowded
Suqh pohey shall include as "Named Insured" the C~ty of Denton and all subcontractors as their
interests may appear
Additional Insurance
Other insurance may be requtred on an individual basis for extra hazardous conlracts and specific
service agreements If such additional insurance is required for a specific contract, that
requirement will be described tn the "Specific Conditions" of the contract specifications
85
Roof Coattng at F~re Statuon No 5 and No 6
B~d # 2714
ATTACH34ENT 1
CITY OF DENTON
August 9, 2001
ix]
Worker's Compensation Coverage for Building or Construction Projects for Governmental
Entities
A Defimttons
B
C
D
E
Certificate of coverage ("certfficate")-A copy of a certificate of Insurance, a cemficate of
authority to self-insure xssued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity% employees promdtng serwces on a project, for the
duration of the project
Duration of the project - includes the t~me from the beginning of the work on the project untxl
the contractor's/person's work on the project has been completed and accepted by the
governmental entity
Persons promdmg sermees on the project ("subcontractor" in §406 096) - includes all persons
or ent~t~es perfonmng all or part of the servtees the contractor has undertaken to perform on
the project, regardless of whether that person contracted &rectly with the contractor and
regardless of whether that person has employees Th~s xncludes, without limitation,
mdepandent contractors, subcontractors, leasing companies, motor careers, owner-operators,
employees of any such enttty, or employees of any entity whach furmshes persons to prowde
serrates on the project "Serwces" include, without hmataUon, providing, hauling, or
dehvermg eqmpment or materials, or prowdlng labor, transportation, or other servme related
to a project "Serrates" does not include actlxatms unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of portable toilets
The contractor shall prowde coverage, based on proper reporting of classification codes and
payroll amounts and filing of any overage agreements, whmh meets the statutory reqmrements
of Texas Labor Code, Section 401 011(44) for all employees of the Contractor prowdmg
serwces on the project, for the duration of the project
The Contractor must provtde a certificate of coverage to the governmental entaty prior to being
awarded the contract
If the coverage period shown on the contractor's current cerUficate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certffieate of coverage wath the governmental entity showing that coverage has been extended
The contractor shall obtain from each person promdlng services on a project, and promde to
the governmental entaty
(1) a certificate of coverage, prior to that person beginning work on the project, so the
govemmantal entity wall have on file certificates of coverage showing coverage for all
persons proxqdlng serwces 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 dunng the duratxon of the project
86
Roof Coating atF~re StattonNo 5 andNo 6
B~d # 2714
CITY OF DENTON
August 9, 2001
F
H
The contractor shall retain all reqmred ce~flcates of coverage for the duratton of the project
and for one year thereafter
The contractor shall notify the governmental entity m writing by certtfied mall or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
I materially affects the prommon of coverage of any person prowdmg sermces 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 Commlssaon, lnfonmng all persons pro"ndmg sermces
on the project that they are reqmred to be covered, and staUng how a person may verify
coverage and report lack of coverage
The contractor shall contractually reqmre each person with whom it contracts to provide
services on a project, to
(1) pro'nde 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, Sectaon 401 011(44) for all of its employees promdmg servmes on the
project, for the durataon of the project,
(2) pro.nde to the contractor, prior to that person beginning work on the project, a
certfficate of coverage showing that coverage is being pro.nded for all employees of the
person prowdmg serrates on the project, for the duration of the project,
(3) pro.nde the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends dunng the duration of the project,
obtmn from each other person with whom ~t contracts, and prowde to the contractor
(a) a certificate of coverage, prior to the other person beginning work on the project,
and
(b) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project,
(5) retmn all required certfficates of coverage on file for the durataon of the project and for
one year thereafter,
(6) not~fy 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 pro.ns~on of coverage of any person pro.ndmg sermces on the project, and
(7) contractually reqmre each person with whom it contracts, to perform as reqmred by
paragraphs (1) - (7), ,nth the certificates of coverage to be pro"nded to the person for
whom they are pro.ndmg sermces
By signing th~s contract or pro.ndmg 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 ser"nces on the project will be covered by workers' compensation coverage for the
durataon of the project, that the coverage will be based on proper reporting of elasstficat~on
codes and payroll mounts, and that all coverage agreements will be filed with the appropriate
87
Roof Coatml~ at Fire Station No 5 and No 6
Bid ti 27 i4
CITY OF DENTON
August 9, 2001
insurance career or, in the case of a selfqnsured, with the commission's Division of Self-
Insurance Regulahon Promdmg false or nusleadlng reformation may subject the contractor to
administrative penalties, eramnal penalties, civil penalties, or other ClmI actions
K
The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor whmh entitles the governmental entity to declare the contract void ~f the contractor
does not remedy the breach w~thm ten days after receipt of not~ce of breach from the
governmental entity
B~d #2714 - Roof Coating at F~re Station No 5 and No 6
88
AC_O_RD. CERTIFICATE OF LIABILITY INSURANCE
PAGE I
DATE IM M/D D/YY)
08/16/0i
~IRH Dallas
5520 LBJ Freeway, Suite 600
Dallas, TX 75240
972 385-9922
Moisture Shield, Inc.
2912 Barge Lane
Dallas, TX 75212
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
~NSURERA Bituminous Casualty Corp
INSURER
INSURER
INSURER
INSURER
COVERAGES
THE POLJCIE$Of=INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHEPOLICYPERIOD INDICATED NO'[WITHSTANDING
ANY REQUIREMENT TERM OR CONDmON O,= ANy CON33~ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER13FICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICJES DEGCF~BED HEREIN IS ~UBJECT TO ALL THE TERM~ EXCLUS1ONSAND CONDI~IONSOF ~LICH
POLICIES AGGREGATE LIMITS ~HOWN MAY HAVE BEEN REDUCED BYPND CLAIMS
LTR ~'PEOF INSURASOE POLICYNUMBER DATEIMM/DD/Y~ DATE IM M/D D/I~1 LIMITS
A G_~ENESALLIABILIW CLP3103138 01/01/01 01/01/02 EAC. GOOURRENCE Si,000,000
X COMMERCIALGENERALLIABILI~ FIREDAMAGE(Anyonetlrel el00, 000
I o~^lMs MADE[] OCCUR MEG EXR(A~y~.,,r.~) S5, 000
~X PD Ded:l,000 PERSONAL&^DVINJURY '1~000~000
-- GENERALAGGRESATE s2,000,000
~ mLIO¥~--~ ~cOT ~ mOO PROOUCm OD.P/DP AGO $2, 000, 000
A ^U__3OMOS'LeL'AS'~ CAP3103139 01/01/01 01/01/02 OO~S,,EDS,NGL~L~IT
X ^N¥^U~O (~.~l~...) $1,000, 000
ALL OWNED AUTOS
-- BODILYINJURY
X HIRED AUTOS
-- 8ODILYINJURY
A E×CESSL,AS,U~ CUP2531149 01/01/01 01/01/02 ~O,O~CORRENCE $2,000,000
~ OCCUR [~ CLAIMS t~AOE AGGREGATE $2,000,000
$
RETENTION $10000 $
A WORN~SSCO"P£~SATtOSAMD WC3103137 01/01/01 01/01/02 XlTOR~L,~ml IOET~
E L ~C, AOC,OENT sl,000,000
E L D~SEASE E^ E~P~¥E~ $1, 000 ~ 000
EL D,SE^SE mL,OYUMIT al~ 000 ~ 000
DESCRIPTION OF OPESATIONS/LOCATIDNS/V EHIDLES/EXOLUSIONS ADDED BY EN DOSS EM EST/SPECIAL PROVISIONS
Re: F[re Station #5 & #6. B~d ~2714
The City of Denton, its Officials, Agents, Employees and volunteers are
named as additional [nsurede on the general liability and auto liability
See Attached Descriptions)
CERTIFICATE HOLDER I I ADDIlnONALINSURED INSURER LETI'E~
CANCELLATION
City of Denton
Attn: Christy Sk~rchak
90lB Texas Street
Denton, TX 76201
:~CORDZ5 S(7/97)1 of 3
~S72997/M70952
SNOU LD ANYO F TH E A SOV E D ESOR~EI ED PO L[CI ES B E GAN C EL LED B EEO RE TH E EXPIRATION
DATETHEREOF THEIS~UlNG iNSURER WILL ENDEAVOR TO MAIL~ 0 DAY~WRITr'EN
NOTIGETO~RECER~IFIOATEHOLDERNAMED~OTEELEF'r BUT FAILURE ',~O DOSOS HALL
IM POS E ND O B LIDATION OR LIA BILI'Pi' OF ANYKIN D U PON TH E IMSU RES ITS AG EN TS OR
S EPS ES ENTATIVES
~JT ORIZ ED REPR ES ENTATIV E
HGS · ACORD CORPORATION 1988
SA$1~% ~0/101101 603P~ HRHOp~OFOALI~AS PAGE 2
IMPORTANT
If the certlflcete holder ~s an ADDITIONAL INSURED, the policy(les)must be endorsed A statement
on this certlflcete does not confer rlghtato the certificate holder in heu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the pohcy, cer[aln policies may
require an endorsement A statement on this certificate does not confer rights to the certlficata
holder in heu of such endorsement(s)
DISCLAIMER
Ti~e Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing Insurer(s), authorized representative or producer, and the certlflcata holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded bythe policies listed thereon
ACOFIDzSS(?/S?)2 Of 3 #S72997/M70952
D CRiPTiONS (Continued from Page 1)
'
,ollcles.
insurance is primary to any other ~nsurance available to the
.t~onal insured with respect to claims covered under the policy.
~ollcles shall not be cancelled, nonrenewed or materially changed
30 days advanaed written notice being g~ven to the owner (City
of Denton) except when the policy is being cancelled for non-payment of
premium in which case 10 days advance written notice is required
Waiver of Subrogation provided to the City of Denton, it's officials,
agents, employees and volunteers for any work performed for the City
on the workers compensation policy.
PAGE
AMS 26 3 (07t97) 3 O: 10952
EVERGREEN NATIONAL INDEMNITY COMPANY
CLEVELAND, OHIO
POWER OF ATTORNEY
10/02/01
Notary Pubhe)
State of Otno)
Glerm D Southwich, Treasurer
On tbs 10th day of May, 2001, before the suhaon%or, a Notary for the State of Ohio duly commisstoned and quahfied, personally came Ruswall P
Elhs and Olerm D $outhvack, of the Ever/teen National Indemmty Company, to mo personally known to be the md~ndaals and officers described berem, and
who executed tho p~ecedin8 tnstzumant and acknowledged the exe~.ution of._.~o s_.mn~ e ~o rb Ya~ em;e~U loYf s::~C o~mPpU saVOyd, ~n~ S~ed st~a~l LeY~a~°S°ea~caner~
of smd Company aforeanid, mid that the seal affixed to the preceam~ ersuum~an~ m ..... i.
s~guatures as office?s were duly affixed and subscribed to the said instrument by tho anthonty and chrection of said Corporation, and that the resolution of said
Company, refen~ to m the procethn~ iustrumant, is now m force the day and year above wntte~
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officml seal at Columbus Ohio
NOTARY I~UO, ~TA~ OF OHIO
State of Olno:
I, the undersigned, S~e~ of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the
foregoing Power of Attorney remains m fall force and has not been revoked, and furthermore that the P,~sohition of the Board of Directors, set forth hereto
.................... October, 2001 . . ~
abovojs now tn f0rce ;d~,? ::~;~ ~~
th~ 2nd
Signed and sealed m Columbus, Oluo ~
118293 *1337885*
SEAL
Kurt H Wedand, S~cre~zy
Any rrprcdactton or facsimile of dim form ~s vmd and mvahd
N o~ry Pubhc State of Ottfo
My Comm~smon expuas August 6, 2004
Mmsture Shmld, Inc EFFECTIVE DATE
pRINCIPAL 39,330 O0
39,330 00 AMOUNT OF BOND $
CONTIL4.CT AMOUN'I~
,OW R, O t I 8 2 9 3
~OW ~L MEN BY THESE P~SENTS T~t ~ Evo~e~ Na~on~ in~m~ C~p~y, a ~or~on m thc State of O~o d~ hereby n°m~te
.... Camille Edwards, Gwenn ~ Hall, Chad W Land, Lanny W Land
~d ~1 bon~, ~s, ~o~ ~ ~ obh~ m ~e ~e ~eof, PROVIDED, however, ~t ~ obhga~on of~e C~p~y ~der tbs
Power of A~ s~l not oxee~ ~e Mflh~ F~w H~&~ ~o~ Dol~ ($1,500,0~ 00)
~ Power of A~ ~ ~d ~d m sl~d by ~le p~t ~ ~o following Resolu~on ~p~d by i~ Bo~fl of D~ ~ ~e 23rd ~y of
Fe~, 1994
"~SOL~D, ~ ~y ~o off~ of die Comply sh~l have the ~n~ to ~e, ~ute ~d dehver a Power of A~om~ c~t~im~
A~om s)-~- t of ~ch p~o~, f~, or ~o~o~ ~ ~ be s~ ~om t~o to
rehtmg the~o by ~1o, ~ my ~h P~ of A~omw or c~ffi~o ~g ~ch f~mle st~ or ~s~le s~ s~ll be v~ ~ b~m8
upon tho Co~y, ~d my such pow~ so ~ ~d c~ffi~e by f~le st~ ~d f~s~le s~ sh~l be valid ~ bmd~ up~ the
Compmy m tho ~ ~h ~p~ to ~y bo~ er ~8 to ~lch it ~ ~h~'
~ ~BSS ~B~OF, ~ Ev~o~ N~o~ ~ Comp~ ~ ca~ed l~ co.orate se~
by l~ du~ ~ed offi~ ~ 23rd ~y of Fabm~, 1~4 BVE~O~N NATION~ ~DBMNI~ COMPLY
~oswoB P B~s, Pr~ld~t