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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